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HomeMy WebLinkAboutRelease, Hold Harmless and Indemnification AgreementRELEASE, HOLD HARMLESS, AND INDEMNIFICATION AGREEMENT THIS RELEASE, HOLD HARMLESS, AND INDEMNIFICATION AGREEMENT ("Agreement"), is made and entered into this . 6 day of November , 20 20 , by 4200 Associates, LLC, a Delaware limited liability company, ("Applicant") to the City of Miami, Florida, a municipal corporation of the State of Florida, in the County of Miami - WHEREAS, the Applicant Amendments to the Miami Design Plan; and has applied to the City for District Retail Street Special Area WHEREAS, the Applicant's Request(s) require(s) one or more Proceedings (as hereinafter defined); and WHEREAS, the City has been holding virtual public meetings due to the Novel Coronavirus ("COVID-1 9") pandemic pursuant to the Governor's Executive Order Number 20- 69, as extended by Executive Orders 20-112 and 20-139, which suspends any statutory requirement that physical quorum be present in order to hold a public meeting and permits local governments to use communications media technology to hold public meetings; and WHEREAS, Miami -Dade County ("County") has issued several Emergency Orders associated with the COVID- 19 pandemic, including Emergency Order 10-20 which provides that no group of 10 or more individuals shall gather on a public street, alley, public sidewalk, or government facility open to the public in the County, with some exceptions; and WHEREAS, the City Commission adopted Ordinance No. 13903 on May 28,2020, which, inter alia, modified the requirements regarding the swearing in of parties and participants for any Release, Hold Hanntess, and Indemnification Page I ofS planning and zoning items and quasi-judicial hearings, including all appeals from both, (collectively, "Proceedings") during the COVID- 19 pandemic; and WHEREAS, Ordinance No. 13903 temporarily suspends any requirement of members of the general public who are not parties to be sworn in and temporarily allows parties to appear virtually and make arrangements to be sworn in by oath or affirmation in -person at their location by an individual qualified to perform such duty or be physically present at City Hall to be sworn in by oath or affirmation by the City Clerk; and WHEREAS, all physical proceedings will include certain social distancing requirements, screenings, and protective measures consistent with the all Federal, State, and Local Emergency Orders, Executive Orders, and guidelines in order to protect the health, safety, and welfare of the employees and residents of the City; and WHEREAS, the Applicant still wishes to proceed with the virtual Proceedings as described herein on its Request(s) at their own risk; and WHEREAS, the City requires the execution of this Agreement as a condition precedent to move forward with virtual Proceedings on the Request(s); NOW, THEREFORE, in consideration of the City allowing the Applicant to move forward with the virtual Proceedings on the Request(s), subject to the terms and conditions set forth herein, and in further consideration of these premises, the Applicant does hereby agree as follows: 1. The Applicant acknowledges that the foregoing recitals are true and correct and are incorporated herein by reference as if fully set forth in this Section. 2. The Applicant understands that they have the option to wait until the COVID-I 9 pandemic ends to proceed with the Proceedings required for the Applicant's Request(s). Release, Hold Hanyfless, and Indeinnificatton Page 2 ofS Notwithstanding this option, the Applicant has requested to move forward with its Request(s) without delay. 3. The Applicant acknowledges and agrees that if they proceed with their Request(s) without delay, the City will hold virtual Proceedings on the Applicant's Request pursuant to the Governor's Executive Order and Ordinance No. 13903 as described above, with the Applicant, the Applicant's representative(s), and all those that intend to testify required to make arrangements to be sworn in by oath or affirmation in -person at their off -site location by an individual qualified to perform such duty or to coordinate with the City to be sworn in at City Hall. 4. The Applicant also acknowledges that per Ordinance No. 13903, the general public will not be required to physically appear at the Proceedings' location to be sworn by oath or affirmation, but will have several different avenues for public comment, which may include prerecorded phone and video submission, an online public comment form, and preregistration for a live call back during the meeting. 5. The Applicant, for themselves, their heirs, grantees, personal representatives, successors, and assigns, expressly and unequivocally agrees to release, waive, forever discharge, and covenant not to sue the City, and its officers, officials, directors, employees, personnel, volunteers, agents, assigns, successors, representatives, attorneys, contractors, and all other persons, entities, organizations, instrumentalities, and corporations affiliated therewith (collectively, "Released Parties") from any and all claims, demands, suits, causes of action (including by way of illustration and not limitation, actions to challenge, set aside, or void any proceeding or entitlement; actions to assert any constitutional, due process, or property rights clairns or violations; any actions or claims for loss, injury, loss of life), appeals, administrative appeals, damages, losses, liabilities, costs, and expenses (including, without limitation, court costs Release, Hold Hannless, and Indemnification Page 3 ofS and attorney's fees, at all levels of proceedings [administrative, trial, and appellate levels] for any and all defense, investigation, or processing thereof whatsoever), judgments, orders, decrees, and settlements in any way based on, arising from, relating to, incidental to, or connected to, directly or indirectly, in whole or in part, any one or more of the following enumerated matters (collectively, "Released Matters"): (i) this Agreement; (ii) the virtual Proceedings on Applicant's Request(s), including, without limitation, the City's procedures found in Ordinance No. 13903, the swearing -in procedures, the public comment procedures, the scheduling procedures, and all other aspects involving the virtual Proceedings and the City's procedures thereon (including, without limitation, any due process claim(s), claim(s) of defective notice, or any other claim(s) arising from the format, legal sufficiency, or technological specifications of the virtual Proceedings or communications media technology used to conduct the virtual Proceedings; (iii) the City's use of communications media technology and inability of the City to conduct an in -person meeting while social distancing guidelines remain in place; or (iv) any and all third -party claim(s), challenge(s), appeal(s), or other proceeding(s) arising from any of the matters described in this Section, in whole or in part. b. Applicant hereby agrees to defend, indemnify, and hold harmless the Released Parties against any and all claims, demands, suits, causes of action (including by way of illustration and not limitation, actions to challenge, set aside, or void any proceeding or entitlement; actions to assert any constitutional, due process, or property rights claims or violations; any actions or claims for loss, injury, loss of life), appeals, administrative appeals, damages, losses, liabilities, costs, and expenses (including, without limitation, court costs and attorney's fees, at all levels of proceedings [administrative, trial, and appellate levels] for any and all defense, investigation, or processing thereof whatsoever), judgments, orders, decrees, and settlements in any way based on, arising Release, Hold Hannless, and Indemnification Page 4 of& from, relating to, incidental to, or connected to, directly or indirectly, in whole or in part, any of the Released Matters. 7. Nothing herein is intended to waive or deprive Applicant of its right to appeal a determination of the body for reasons wholly unrelated to, and not at all associated with, the virtual nature of the Proceedings, to the extent such a right to appeal exists. 8. The Applicant is voluntarily executing this Agreement and has not been pressured, forced, threatened, or coerced to execute this Agreement or to proceed with the virtual Proceedings required for the Applicant's Request(s). The Applicant understands that they have a right to consult with an attorney before signing this Agreement and have either consulted with an attorney or knowingly and voluntarily decided not to consult with an attorney. The Applicant is not under the influence of any drugs, alcohol, medication, any other narcotic or have any mental illness that might tend to affect the ability to knowingly enter into this Agreement and move forward with the Proceedings. 9. The Applicant has read and understand(s) the terms of this Agreement. 10. The Applicant acknowledges and agrees that nothing in this Agreement shall prejudice the City's right to impose protections pursuant to State, County, City, or any other agency orders, regulations, guidelines, resolutions, and ordinances otherwise necessary to ensure the public health, safety, and welfare of the citizens and employees of the City; nor shall the City be estopped from enforcing the terms of this Agreement for any reason. 11. Invalidation of any of provisions of this Agreement by judgment of a court shall not affect any of the other provisions, which shall remain in full force and effect. 12. The undersigned confirms that they are the authorized representative(s) of the Applicant, are authorized to enter this Agreement, and have authority to bind the Applicant. As Release, Hold Hannless, and Indemnification Page 5 of applicable, the most recent Sunbiz and a duly adopted Resolution from the Applicant entity is attached hereto. 13. This Agreement may be executed in any number of counterparts, each of which so executed shall be deemed to be an original, and such counterparts shall together constitute but one and the same Agreement. The parties shall be entitled to sign and transmit an electronic signature of this Agreement (whether by facsimile, PDF or other email transmission), which signature shall be binding and have the same effect as original signatures. [Signature pages followl This space intentionally left blank Release, Hold Hanniess, and Indemnification Page 6 of8 IN WITNESS WHEREOF, the Applicant has caused these presents to be executed and signed in its name by its proper officer on the day set forth above. 4200 Associates, LLC (Name okApplicant) a DelawAL7jjpited liabKty corn (Type of Ckj%py orAdividual) By: (Signature) Craig Robins I MV - (Name of Peron ARNrized to Sign) as President of Miami Design District Associates Manager, LLC, a Delaware limited liability company, its Manager (Title) STATE OF Florida )SS COUNTY OF Miami -Dade ) The foregoing instrument was acknowledzeJ before me rne ns of sical i al p presence OR online notarization, this day of 20 by Craig Robins" a as of . Personally Known or Produced Identification Type of Identification Produced -If YARRM RODMAJU WCOMMISSION M290111 EXPIRES: F*uary 7,2M A Prt or Stamp Name: Notary Public, Stalter Commission No My Commission Expires: 7 ZZ3 **as President of Miami Design District Associates Manager, LLC, a Delaware limited liability company, its Manager Release, Hold Hannless, and ladetnnification Page 7 ofS CITY OF MIAMI, a municipal corporation of the State of Florida By: Arthur Noriega, V City Manager ATTESTED: By: Todd B. Hannon City Clerk APPROVED AS TO LEGAL FORM A'AD CORRECTNESS: Victoria M6ndez, City Attorney Release, Hold Hanydess, and Indemnification Page 8 ofS RELEASE, HOLD HARMLESS, AND INDEMNIFICATION AGREEMENT ("Agreement"), is made and entered into this . 6 day of November , 20 20, by Dacra Design 4141 LLC, a Delaware limited liability company, ("Applicant") to the City of Miami, Florida, a municipal corporation of the State of Florida, in the County of Miami - Dade ("City"); and WHEREAS, the Applicant Amendments to the Miami Design Plan; and has applied to the city for District Retail Street Special Area WHEREAS, the Applicant's Request(s) require(s) one or more Proceedings (as hereinafter defined); and WHEREAS, the City has been holding Virtual public meetings due to the Novel Coronavirus ("COVID- 19") pandemic pursuant to the Governor's Executive Order Number 20- 69, as extended by Executive Orders 20-112 and 20-139, which suspends any statutory requirement that physical quorum be present in order to hold a public meeting and permits local governments to use Communications media technology to hold public meetings; and WHEREAS, Miami -Dade County ("County") has issued several Emergency Orders associated with the COVID-19 pandemic, including Emergency Order 10-20 which provides that no group of 10 or more individuals shall gather on a public street, alley, public sidewalk, or government facility open to the public in the County, with sorne exceptions; and WHEREAS, the City Commission adopted Ordinance No. 13903 on May 28,2020, which, inter alia, modified the requirements regarding the swearing in of parties and participants for any Release, Hold Hannicss, and Indemnification Page 1 ofs planning and zoning items and quasi-judicial hearings, including all appeals from both, (collectively, "Proceedings") during the COVID- 19 pandemic; and WHEREAS, Ordinance No. 13903 temporarily suspends any requirement of members of the general public who are not parties to be sworn in and temporarily allows parties to appear virtually and make arrangements to be sworn in by oath or affirmation in -person at their location by an individual qualified to perform such duty or be physically present at City Hall to be sworn in by oath or affirmation by the City Clerk; and WHEREAS, all physical proceedings will include certain social distancing requirements, screenings, and protective measures consistent with the all Federal, State, and Local Emergency Orders, Executive Orders, and guidelines in order to protect the health, safety, and welfare of the employees and residents of the City; and WHEREAS, the Applicant still wishes to proceed with the virtual Proceedings as described herein on its Request(s) at their own risk; and WHEREAS, the City requires the execution of this Agreement as a condition precedent to move forward with virtual Proceedings on the Request(s); NOW, THEREFORE, in consideration of the City allowing the Applicant to move forward with the virtual Proceedings on the Request(s), subject to the terms and conditions set forth herein, and in further consideration of these premises, the Applicant does hereby agree as follows: 1. The Applicant acknowledges that the foregoing recitals are true and correct and are incorporated herein by reference as if fully set forth in this Section. 2. The Applicant understands that they have the option to wait until the COVID-19 pandemic ends to proceed with the Proceedings required for the Applicant's Request(s). Release, Hold Hanniess, and Indemnification Page 2 of& Notwithstanding this option, the Applicant has requested to move forward with its Request(s) without delay. 3. The Applicant acknowledges and agrees that if they proceed with their Request(s) without delay, the City will hold virtual Proceedings on the Applicant's Request pursuant to the Governor's Executive Order and Ordinance No. 13903 as described above, with the Applicant, the Applicant's representative(s), and all those that intend to testify required to make arrangements to be sworn in by oath or affirmation in -person at their off -site location by an individual qualified to perform such duty or to coordinate with the City to be sworn in at City Hall. 4. The Applicant also acknowledges that per Ordinance No. 13903, the general public will not be required to physically appear at the Proceedings' location to be sworn by oath or affirmation, but will have several different avenues for Public comment, which may include prerecorded phone and video submission, an online public comment form, and preregistration for a live call back during the meeting. 5. The Applicant, for themselves, their heirs, grantees, personal representatives, successors, and assigns, expressly and unequivocally agrees to release, waive, forever discharge, and covenant not to sue the City, and its officers, officials, directors, employees, personnel, volunteers, agents, assigns, successors, representatives, attorneys, contractors, and all other persons, entities, organizations, instrumentalities, and corporations affiliated therewith (collectively, "Released Parties") from any and all claims, demands, suits, causes of action (including by way of illustration and not limitation, actions to challenge, set aside, or void any proceeding or entitlement; actions to assert any constitutional, due process, or property rights claims or violations; any actions or claims for loss, injury, loss of life), appeals, administrative appeals, damages, losses, liabilities, costs, and expenses (including, without limitation, court costs Release, Hold HannIess, and Indemnification Page 3 of and attorney's fees, at all levels of proceedings [administrative, trial, and appellate levels] for any and all defense, investigation, or processing thereof whatsoever), judgments, orders, decrees, and settlements in any way based on, arising from, relating to, incidental to, or connected to, directly or indirectly, in whole or in part, any one or more of the following enumerated matters (collectively, "Released Matters"): (i) this Agreement; (ii) the virtual Proceedings on Applicant's Request(s), including, without limitation, the City's procedures found in Ordinance No. 13903, the swearing -in procedures, the public comment procedures, the scheduling procedures, and all other aspects involving the virtual Proceedings and the City's procedures thereon (including, without limitation, any due process claim(s), claim(s) of defective notice, or any other claim(s) arising from the format, legal sufficiency, or technological specifications of the virtual Proceedings or communications media technology used to conduct the virtual Proceedings; (iii) the City's use of communications media technology and inability of the City to conduct an in -person meeting while social distancing guidelines remain in place; or (iv) any and all third -party claim(s), challenge(s), appeal(s), or other proceeding(s) arising from any of the matters described in this Section, in whole or in part. 6. Applicant hereby agrees to defend, indemnify, and hold harmless the Released Parties against any and all claims, demands, suits, causes of action (including by way of illustration and not limitation, actions to challenge, set aside, or void any proceeding or entitlement; actions to assert any constitutional, due process, or property rights claims or violations; any actions or claims for loss, injury, loss of life), appeals, administrative appeals, damages, losses, liabilities, costs, and expenses (including, without limitation, court costs and attorney's fees, at all levels of proceedings [administrative, trial, and appellate levels] for any and all defense, investigation, or processing thereof whatsoever), judgments, orders, decrees, and settlements in any way based on, arising Release, Hold Hannless, and Indemnification Page 4 ofli from, relating to, incidental to, or connected to, directly or indirectly, in whole or in part, any of the Released Matters. 7. Nothing herein is intended to waive or deprive Applicant of its right to appeal a determination of the body for reasons wholly unrelated to, and not at all associated with, the virtual nature of the Proceedings, to the extent such a right to appeal exists. 8. The Applicant is voluntarily executing this Agreement and has not been pressured, forced, threatened, or coerced to execute this Agreement or to proceed with the virtual Proceedings required for the Applicant's Request(s). The Applicant understands that they have a right to consult with an attorney before signing this Agreement and have either consulted with an attorney or knowingly and voluntarily decided not to consult with an attorney. The Applicant is not under the influence of any drugs, alcohol, medication, any other narcotic or have any mental illness that might tend to affect the ability to knowingly enter into this Agreement and move forward with the Proceedings. 9. The Applicant has read and understand(s) the terms of this Agreement. 10. The Applicant acknowledges and agrees that nothing in this Agreement shall prejudice the City's right to impose protections pursuant to State, County, City, or any other agency orders, regulations, guidelines, resolutions, and ordinances otherwise necessary to ensure the public health, safety, and welfare of the citizens and employees of the City; nor shall the City be estopped from enforcing the terms of this Agreement for any reason. 11. Invalidation of any of provisions of this Agreement by judgment of a court shall not affect any of the other provisions, which shall remain in full force and effect. 12. The undersigned confirms that they are the authorized representative(s) of the Applicant, are authorized to enter this Agreement, and have authority to bind the Applicant. As Release, Hold Hannless, and Indeinmficatzon Page 5 of8 applicable, the most recent Sunbiz and a duly adopted Resolution from the Applicant entity is attached hereto. 13. This Agreement may be executed in any number of counterparts, each of which so executed shall be deemed to be an original, and such counterparts shall together constitute but one and the same Agreement. The parties shall be entitled to sign and transmit an electronic signature of this Agreement (whether by facsimile, PDF or other email transmission), which signature shall be binding and have the same effect as original signatures, [Signature pages followl This space intentionally left blank Release, Hold Hanniess, and Indemnification Page 6 of8 IN WITNESS WHEREOF, the Applicant has caused these presents to be executed and signed in its name by its proper officer on the day set forth above. Dacra DTign 4141 LLC (Name of Applicant) a Delaware 'l'�Jed li/ rn i abil co W 'o 'r (Type of Campr ndividual) By: -- (Signature) Craig Robini (Name of Person Authorized to Sign) as President of Dacra 4141 Managing Member, Inc., a Florida corporation, its Managing Member (Title) STATE OF Florida )SS COUNTY OF Miami -Dade The foregoing instrument was acknowledge, before me e ns of presence OR online notarization, this 2 day of Craig Robins** a ' as . Personally Known or Produced Identification Type of Identification Produced /— , I - — ` h 'sical 20,B, by of '-e cool A� fVwd� YARffZED RODRMW PrVt or I p a n i e: " W COMIMON I GG MM My Commission Expires: Oc�- Z6 f" Notary Public, State. o WMAft"I.2023 Commission No.: **as President of Dacra 4141 Managing Member, Inc., a Florida corporation, its Managing Member Release, Hold Harmless, and Indemnification Page 7 ofS CITY OF MIAMI, a municipal corporation of the State of Florida By: Arthur Noriega, V City Manager ATTESTED: By: Todd B. Hannon City Clerk APPROVED AS TO LEGAL FORM AND CORRECTNESS: Victoria M6ndez, City Attorney Release, Hold Hanniess, and Indemnification Page 8 of8 ), is mnade and entered into this � 66xv of by Half -Circle Property (Del.) LLC, a Delaware limited liability company, ("Applicant") to tile City of Miami, Florida, a municipal corporation of tile State of Florida, in the County of Miami -Dade ("City"); and WHEREAS, the Applicant Amendments to the Miami Design Plan; and District Retail Street Special Area has applied to the City for WHEREAS, the Applicant's Request(s) require(s) one or more Proceedings (as hereinafter ' --..--', and WHEREAS, the City has been holding virtual public meetings due to the Novel Cononaviruy lD-19`) pandemic pursuant to the Governor's Ezccodvc Order Number 20' 69, as extended by Executive {)odcco 20-112 and 20-/39" v/bioh suspends any statutory requirement that phvnioe| quorunn be present in order to hold u public meeting and permits \onu| governments to use communications rnedia technology to hold public meetings; and WHEREAS, Miami -Dade County ("County") has issued several Emergency Orders associated with the COVID-19 pandemic, including Emergency Order 10-20 which provides that no group of 10 or more individuals shall gather on a public street, alley, public sidewalk, or government facility open to the public in the County, with some exceptions; and WHEREAS, tile City Commission adopted Ordinance No. l3O03ooMay 282020, which, inter alia, modified the requirements regarding the swearing in of parties and participants for any Release, Hold x=nles^and Inu="nio=^on Page /ofw planning and zoning items and quasi-judicial hearings, including all appeals from both, (collectively, "Proceedings") during the COVID- 19 pandemic; and WHEREAS, Ordinance No. 13903 temporarily suspends any requirement of members of the general public who are not parties to be sworn in and temporarily allows parties to appear virtually and make arrangements to be sworn in by oath or affirmation in -person at their location by an individual qualified to perform such duty or be physically present at City Hall to be sworn in by oath or affirmation by the City Clerk; and WHEREAS, all physical proceedings will include certain social distancing requirements, screenings, and protective measures consistent with the all Federal, State, and Local Emergency Orders, Executive Orders, and guidelines in order to protect the health, safety, and welfare of the employees and residents of the City; and WHEREAS, the Applicant still wishes to proceed with the virtual Proceedings as described herein on its Request(s) at their own risk; and WHEREAS, the City requires the execution of this Agreement as a condition precedent to move forward with virtual Proceedings on the Request(s); NOW, THEREFORE, in consideration of the City allowing the Applicant to move forward with the virtual Proceedings on the Request(s), subject to the terms and conditions set forth herein, and in further consideration of these premises, the Applicant does hereby agree as follows: 1. The Applicant acknowledges that the foregoing recitals are true and correct and are incorporated herein by reference as if fully set forth in this Section. 2. The Applicant understands that they have the option to wait until the COVID-1 9 pandemic ends to proceed with the Proceedings required for the Applicant's Request(s). Release, Hold Hanniess, and Indemnification Page 2 ofS Notwithstanding this option, the Applicant has requested to move forward with its Request(s) without delay. 3. The Applicant acknowledges and agrees that if they proceed with their Request(s) without delay, the City will hold virtual Proceedings on the Applicant's Request pursuant to the Governor's Executive Order and Ordinance No. 13903 as described above, with the Applicant, the Applicant's representative(s), and all those that intend to testify required to make arrangements to be sworn in by oath or affirmation in -person at their off -site location by an individual qualified to perform such duty or to coordinate with the City to be sworn in at City Hall. 4. The Applicant also acknowledges that per Ordinance No. 13903, the general public will not be required to physically appear at the Proceedings' location to be sworn by oath or affirmation, but will have several different avenues for public comment, which may include prerecorded phone and video submission, an online public comment form, and preregistration for a live call back during the meeting. 5. The Applicant, for themselves, their heirs, grantees, personal representatives, successors, and assigns, expressly and unequivocally agrees to release, waive, forever discharge, and covenant not to sue the City, and its officers, officials, directors, employees, personnel, volunteers, agents, assigns, successors, representatives, attorneys, contractors, and all other persons, entities, organizations, instrumentalities, and corporations affiliated therewith (collectively, "Released Parties") from any and all claims, demands, suits, causes of action (including by way of illustration and not limitation, actions to challenge, set aside, or void any proceeding or entitlement; actions to assert any constitutional, due process, or property rights claims or violations; any actions or claims for loss, injury, loss of life), appeals, administrative appeals, damages, losses, liabilities, costs, and expenses (including, without limitation, court costs Release. Hold Hannless, and Indemni6canotn Page 3 ors and attorney's fees, at all levels of proceedings [administrative, trial, and appellate levels] for any and all defense, investigation, or processing thereof whatsoever), judgments, orders, decrees, and settlements in any way based on, arising from, relating to, incidental to, or connected to, directly or indirectly, in whole or in part, any one or more of the following enumerated matters (collectively, "Released Matters"): (i) this Agreement; (ii) the virtual Proceedings on Applicant's Request(s), including, without limitation, the City's procedures found in Ordinance No. 13903, the swearing -in procedures, the public comment procedures, the scheduling procedures, and all other aspects involving the virtual Proceedings and the City's procedures thereon (including, without limitation, any due process claim(s), claim(s) of defective notice, or any other claim(s) arising from the format, legal sufficiency, or technological specifications of the virtual Proceedings or communications media technology used to conduct the virtual Proceedings; (iii) the City's use of communications media technology and inability of the City to conduct an in -person meeting while social distancing guidelines remain in place; or (iv) any and all third -party claim(s), challenge(s), appeal(s), or other proceeding(s) arising from any of the matters described in this Section, in whole or in part. 6. Applicant hereby agrees to defend, indemnify, and hold harmless the Released Parties against any and all claims, demands, Suits, causes of action (including by way of illustration and not limitation, actions to challenge, set aside, or void any proceeding or entitlement; actions to assert any constitutional, due process, or property rights claims or violations; any actions or claims for loss, injury, loss of life), appeals, administrative appeals, damages, losses, liabilities, costs, and expenses (including, without limitation, court costs and attorney's fees, at all levels of proceedings [administrative, trial, and appellate levels] for any and all defense, investigation, or processing thereof whatsoever), judgments, orders, decrees, and settlements in any way based on, arising Release, Hold HannIcss, and Indemnification Page 4 ofg from, relating to, incidental to, or connected to, directly or indirectly, in whole or in part, any of the Released Matters. 7. Nothing herein is intended to waive or deprive Applicant of its right to appeal a determination of the body for reasons wholly unrelated to, and not at all associated with, the virtual nature of the Proceedings, to the extent such a right to appeal exists. g. The Applicant is voluntarily executing this Agreement and has not been pressured, forced, threatened, or coerced to execute this Agreement or to proceed with the virtual Proceedings required for the Applicant's Request(s). The Applicant understands that they have a right to consult with an attorney before signing this Agreement and have either consulted with an attorney or knowingly and voluntarily decided not to consult with an attorney. The Applicant is not under the influence of any drugs, alcohol, medication, any other narcotic or have any mental illness that might tend to affect the ability to knowingly enter into this Agreement and move forward with the Proceedings. 9. The Applicant has read and understand(s) the terms of this Agreement. 10. The Applicant acknowledges and agrees that nothing in this Agreement shall prejudice the City's right to impose protections pursuant to State, County, City, or any other agency orders, regulations, guidelines, resolutions, and ordinances otherwise necessary to ensure the public health, safety, and welfare of the citizens and employees of the City; nor shall the City be estopped from enforcing the terms of this Agreement for any reason. 11. Invalidation of any of provisions of this Agreement by judgment of a court shall not affect any of the other provisions, which shall remain in full force and effect. 12. The undersigned confirms that they are the authorized representative(s) of the Applicant, are authorized to enter this Agreement, and have authority to bind the Applicant. As Release, Hold Hannless, and Indemnification Page 5 of& applicable, the most recent Sunbiz and a duly adopted Resolution from the Applicant entity is attached hereto. 13. This Agreement may be executed in any number of counterparts, each of which so executed shall be deemed to be an original, and such counterparts shall together constitute but one and the same Agreement. The parties shall be entitled to sign and transmit an electronic signature of this Agreement (whether by facsimile, PDF or other email transmission), which signature shall be binding and have the same effect as original signatures. [Signature pages follow] This space intentionally left blank Release, Hold Harmless, and Indemnification Page 6 of9 IN WITNESS WHEREOF, the Applicant has caused these presents to be executed and signed in its name by its proper officer on the day set forth above. Half-Cir�1e Property (Del.) LLC (Name of %plicant) a Delawar%mited liabigy coral (Type of Coilkny or)Kdividual) 0 (Signature) Craig Robins `- (Name of Person Authorized to Sign) as President of Miami Design District Associates Manager, LLC, a Delaware limited liability company, its Manager (Title) STATE OF Florida )SS COUNTY OF Miami -Dade ) The foregoing instrument was acknowledged before me b teas of physical presence OR online notarization, this day of 6QW'!2ffL 70 2Q by Craig Robins" a as of Personally Known or Produced Identification Type of Identification Produced ROOK-Ua FISSION # GG MM Fdn" T. 2W Prin ( or Stamp ,Name: Notary Public, State Commission No.: My Commission Expires: **as President of Miami Design District Associates Manager, LLC, a Delaware limited liability company, its Manager Release. Hold Hanniess. and Indeinnification Page 7 ofS CITY OF MIAMI, a municipal corporation of the State of Florida By: Arthur Noriega, V City Manager ATTESTED: By: Todd B. Hannon City Clerk APPROVED AS TO LEGAL FORM AND CORRECTNESS: Victoria Mdndez, City Attorney Release, Hold Hantfless, and Indeinnification Page 8 of8 RELEASE, HOLD HARMLESS, AND INDEMNIFICATION AGREEMENT THIS RELEASE, HOLD HARMLESS, AND INDEMNIFICATION AGREEMENT ("Agreement'*), is made and entered into this . 6 day of November , 20 20 , by Jungle Plaza, LLC, a Delaware limited liability company, ("Applicant") to the City of Miami, Florida, a municipal corporation of the State of Florida, in the County of Miami- IMMK4201=4 WHEREAS, the Applicant Amendments to the Miami Design Plan; and has applied to the City for District Retail Street Special Area WHEREAS, the Applicant's Request(s) require(s) one or more Proceedings (as hereinafter defined); and WHEREAS, the City has been holding virtual public meetings due to the Novel Coronavirus ("COVID- 19") pandemic pursuant to the Governor's Executive Order Number 20- 69, as extended by Executive Orders 20-112 and 20-139, which suspends any statutory requirement that physical quorum be present in order to hold a public meeting and permits local governments to use communications media technology to hold public meetings; and WHEREAS, Miami -Dade County ("County") has issued several Emergency Orders associated with the COVID-19 pandemic, including Emergency Order 10-20 which provides that no group of 10 or more individuals shall gather on a public street, alley, public sidewalk, or government facility open to the public in the County, with some exceptions; and WHEREAS, the City Commission adopted Ordinance No. 13903 on May 28, 2020, which, inter alia, modified the requirements regarding the swearing in of parties and participants for any Release, Hold Hanniess, and Indemnification Page 1 ofs planning and zoning items and quasi-judicial hearings, including all appeals from both, (collectively, "Proceedings") during the COVID- 19 pandemic; and WHEREAS, Ordinance No. 13903 temporarily suspends any requirement of members of the general public who are not parties to be sworn in and temporarily allows parties to appear virtually and make arrangements to be sworn in by oath or affirmation in -person at their location by an individual qualified to perform such duty or be physically present at City Hall to be sworn in by oath or affirmation by the City Clerk; and WHEREAS, all physical proceedings will include certain social distancing requirements, screenings, and protective measures consistent with the all Federal, State, and Local Emergency Orders, Executive Orders, and guidelines in order to protect the health, safety, and welfare of the employees and residents of the City; and WHEREAS, the Applicant still wishes to proceed with the virtual Proceedings as described herein on its Request(s) at their own risk; and WHEREAS, the City requires the execution of this Agreement as a condition precedent to move forward with virtual Proceedings on the Request(s); NOW, THEREFORE, in consideration of the City allowing the Applicant to move forward with the virtual Proceedings on the Request(s), subject to the terms and conditions set forth herein, and in further consideration of these premises, the Applicant does hereby agree as follows: 1. The Applicant acknowledges that the foregoing recitals are true and correct and are incorporated herein by reference as if fully set forth in this Section. 2. The Applicant understands that they have the option to wait until the COVID-I 9 pandemic ends to proceed with the Proceedings required for the Applicant's Request(s). Release, Hold Harmless, and Indemnificatson Page 2 of8 Notwithstanding this option, the Applicant has requested to move forward with its Request(s) "MMIMM M's 3. The Applicant acknowledges and agrees that if they proceed with their Request(s) without delay, the City will hold virtual Proceedings on the Applicant's Request pursuant to the Governor's Executive Order and Ordinance No. 13903 as described above, with the Applicant, the Applicant's representative(s), and all those that intend to testify required to make arrangements to be sworn in by oath or affirmation in -person at their off -site location by an individual qualified to perform such duty or to coordinate with the City to be sworn in at City Hall. 4. The Applicant also acknowledges that per Ordinance No. 13903, the general public will not be required to physically appear at the Proceedings' location to be sworn by oath or affirmation, but will have several different avenues for public comment, which may include prerecorded phone and video submission, an online public comment form, and preregistration for a live call back during the meeting. 5. The Applicant, for themselves, their heirs, grantees, personal representatives, successors, and assigns, expressly and unequivocally agrees to release, waive, forever discharge, and covenant not to sue the City, and its officers, officials, directors, employees, personnel, volunteers, agents, assigns, successors, representatives, attorneys, contractors, and all other persons, entities, organizations, instrumentalities, and corporations affiliated therewith (collectively, "Released Parties") from any and all claims, demands, suits, causes of action (including by way of illustration and not limitation, actions to challenge, set aside, or void any proceeding or entitlement; actions to assert any constitutional, due process, or property rights claims or violations; any actions or claims for loss, injury, loss of life), appeals, administrative appeals, damages, losses, liabilities, costs, and expenses (including, without limitation, court costs Release, Hold Hanniess, and Indemnification Page 3 of and attorney's fees, at all levels of proceedings [administrative, trial, and appellate levels] for any and all defense, investigation, or processing thereof whatsoever), judgments, orders, decrees, and settlements in any way based on, arising from, relating to, incidental to, or connected to, directly or indirectly, in whole or in part, any one or more of the following enumerated matters (collectively, "Released Matters"): (i) this Agreement; (ii) the virtual Proceedings on Applicant's Request(s), including, without limitation, the City's procedures found in Ordinance No. 13903, the swearing -in procedures, the public comment procedures, the scheduling procedures, and all other aspects involving the virtual Proceedings and the City's procedures thereon (including, without limitation, any due process claim(s), claim(s) of defective notice, or any other claim(s) arising from the format, legal sufficiency, or technological specifications of the virtual Proceedings or communications media technology used to conduct the virtual Proceedings; (iii) the City's use of communications media technology and inability of the City to conduct an in -person meeting while social distancing guidelines remain in place; or (iv) any and all third -party claim(s), challenge(s), appeal(s), or other proceeding(s) arising from any of the matters described in this Section, in whole or in part. 6. Applicant hereby agrees to defend, indemnify, and hold harmless the Released Parties against any and all claims, demands, suits, causes of action (including by way of illustration and not limitation, actions to challenge, set aside, or void any proceeding or entitlement; actions to assert any constitutional, due process, or property rights claims or violations; any actions or claims for loss, injury, loss of life), appeals, administrative appeals, damages, losses, liabilities, costs, and expenses (including, without limitation, court costs and attorney's fees, at all levels of proceedings [administrative, trial, and appellate levels] for any and all defense, investigation, or processing thereof whatsoever), judgments, orders, decrees, and settlements in any way based on, arising Release, Hold Harmless, and Indemnification Page 4 ofg from, relating to, incidental to, or connected to, directly or indirectly, in whole or in part, any of the Released Matters. 7. Nothing herein is intended to waive or deprive Applicant of its right to appeal a determination of the body for reasons wholly unrelated to, and not at all associated with, the virtual nature of the Proceedings, to the extent such a right to appeal exists. 8. The Applicant is voluntarily executing this Agreement and has not been pressured, forced, threatened, or coerced to execute this Agreement or to proceed with the virtual Proceedings required for the Applicant's Request(s). The Applicant understands that they have a right to consult with an attorney before signing this Agreement and have either consulted with an attorney or knowingly and voluntarily decided not to consult with an attorney. The Applicant is not under the influence of any drugs, alcohol, medication, any other narcotic or have any mental illness that might tend to affect the ability to knowingly enter into this Agreement and move forward with the Proceedings. 9. The Applicant has read and understand(s) the terms of this Agreement. 10. The Applicant acknowledges and agrees that nothing in this Agreement shall prejudice the City's right to impose protections pursuant to State, County, City, or any other agency orders, regulations, guidelines, resolutions, and ordinances otherwise necessary to ensure the public health, safety, and welfare of the citizens and employees of the City; nor shall the City be estopped from enforcing the terms of this Agreement for any reason. 11. Invalidation of any of provisions of this Agreement by judgment of a court shall not affect any of the other provisions, which shall remain in full force and effect. 12. The undersigned confirms that they are the authorized representative(s) of the Applicant, are authorized to enter this Agreement, and have authority to bind the Applicant. As Release, Hold Hannless, and Indemnification Page 5 of& applicable, the most recent Sunbiz and a duly adopted Resolution from the Applicant entity is attached hereto. 13. This Agreement may be executed in any number of counterparts, each of which so executed shall be deemed to be an original, and such counterparts shall together constitute but one and the same Agreement. The parties shall be entitled to sign and transmit an electronic signature of this Agreement (whether by facsimile, PDF or other email transmission), which signature shall be binding and have the same effect as original signatures. [Signature pages follow] This space intentionally left blank Release, Hold Harmless, and Indemnification Page 6 ofS IN WITNESS WHEREOF, the Applicant has caused these presents to be executed and signed in its name by its proper officer on the day set forth above. Jungle Kaza, LLC {Name o p' licant) a Delawal\-mited liabili/con-if (Type of Cc ny *or 1, ividual) By: (Signature) Craig Robinsl V - -- (Name of Person Authorized to Sign) as President of Miami Design District Associates Manager, LLC, a Delaware limited liability company, its Manager (Title) STATE OF Florida )SS COUNTY OF Miami -Dade ) The foregoing instrument was acknowled ej before me N, iqans f presence OR online notarization, this day of Craig Robins" a as . Personally Known produced Id ratification Type of Identification Produced , 1 20 I sical 20 by of V I V YARRED Prink or Stamp Name: . 11,414 RODWAM JONS0029MIl Notary Public, State of WCOMMISS E)SFtES-.F*WwyT.2W Commission No.: 4r��4QO Ilya W�� 71VU Aawy My Commission Expires: 4 n **as President of Miami Design District Associates Manager, LLC, a Delaware limited liability company, its Manager Release, Hold Hannless, and Indemnification Page 7 ofS CITY OF MIAMI, a municipal corporation of the State of Florida By: Arthur Noriega, V City Manager ATTESTED: By: Todd B. Hannon City Clerk APPROVED AS TO LEGAL FORM AND CORRECTNESS: Victoria M6ndez, City Attorney Release, Hold Harmless, and Indemnification Page 8 of& I sw us man mnm s D101allm THIS RELEASE, HOLD HARMLESS, AND INDEMNIFICATION AGREEMENT ("Agreement"), is made and entered into this . 6 day of November , 20 20 . by Lovely Rita Acquisitions, LLC, a Delaware limited liability company, ("Applicant") to the City of Miami, Florida, a municipal corporation of the State of Florida, in the County of Miami -Dade ("City"); and WHEREAS, the Applicant Amendments to the Miami Design Plan; and has applied to the City for District Retail Street Special Area WHEREAS, the Applicant's Request(s) require(s) one or more Proceedings (as hereinafter defined); and WHEREAS, the City has been holding virtual public meetings due to the Novel Coronavirus ("COVID- 19") pandemic pursuant to the Governor's Executive Order Number 20- 69, as extended by Executive Orders 20-112 and 20-139, which suspends any statutory requirement that physical quorum be present in order to hold a public meeting and permits local governments to use communications media technology to hold public meetings; and WHEREAS, Miami -Dade County ("County") has issued several Emergency Orders associated with the COVID-19 pandemic, including Emergency Order 10-20 which provides that no group of 10 or more individuals shall gather on a public street, alley, public sidewalk, or government facility open to the public in the County, with some exceptions; and WHEREAS, the City Commission adopted Ordinance No. 13903 on May 28, 2020, which, inter alia, modified the requirements regarding the swearing in of parties and participants for any Release, Hold Hanniess, and Indemnification Page 1 of& planning and zoning items and quasi-judicial hearings, including all appeals from both, (collectively, "Proceedings") during the COVID- 19 pandemic; and WHEREAS, Ordinance No. 13903 temporarily suspends any requirement of members of the general public who are not parties to be sworn in and temporarily allows parties to appear virtually and make arrangements to be sworn in by oath or affirmation in -person at their location by an individual qualified to perform such duty or be physically present at City Hall to be sworn in by oath or affirmation by the City Clerk; and WHEREAS, all physical proceedings will include certain social distancing requirements, screenings, and protective measures consistent with the all Federal, State, and Local Emergency Orders, Executive Orders, and guidelines in order to protect the health, safety, and welfare of the employees and residents of the City; and WHEREAS, the Applicant still wishes to proceed with the virtual Proceedings as described herein on its Request(s) at their own risk; and WHEREAS, the City requires the execution of this Agreement as a condition precedent to move forward with virtual Proceedings on the Request(s); NOW, THEREFORE, in consideration of the City allowing the Applicant to move forward with the virtual Proceedings on the Request(s), subject to the terms and conditions set forth herein, and in further consideration of these premises, the Applicant does hereby agree as follows: 1. The Applicant acknowledges that the foregoing recitals are true and correct and are incorporated herein by reference as if fully set forth in this Section. 2. The Applicant understands that they have the option to wait until the COVID-1 9 pandemic ends to proceed with the Proceedings required for the Applicant's Request(s). Release, Hold Harmless, and Indemnification Page 2 of Notwithstanding this option, the Applicant has requested to move forward with its Request(s) 3. The Applicant acknowledges and agrees that if they proceed with their Request(s) without delay, the City will hold virtual Proceedings on the Applicant's Request pursuant to the Governor's Executive Order and Ordinance No. 13903 as described above, with the Applicant, the Applicant's representative(s), and all those that intend to testify required to make arrangements to be sworn in by oath or affirmation in -person at their off -site location by an individual qualified to perform such duty or to coordinate with the City to be sworn in at City Hall. 4. The Applicant also acknowledges that per Ordinance No. 13903, the general public will not be required to physically appear at the Proceedings' location to be sworn by oath or affirmation, but will have several different avenues for public comment, which may include prerecorded phone and video submission, an online public comment form, and preregistration for a live call back during the meeting. 5. The Applicant, for themselves, their heirs, grantees, personal representatives, successors, and assigns, expressly and unequivocally agrees to release, waive, forever discharge, and covenant not to sue the City, and its officers, officials, directors, employees, personnel, volunteers, agents, assigns, successors, representatives, attorneys, contractors, and all other persons, entities, organizations, instrumentalities, and corporations affiliated therewith (collectively, "Released Parties") from any and all claims, demands, suits, causes of action (including by way of illustration and not limitation, actions to challenge, set aside, or void any proceeding or entitlement; actions to assert any constitutional, due process, or property rights claims or violations; any actions or claims for loss, injury, loss of life), appeals, administrative appeals, damages, losses, liabilities, costs, and expenses (including, without limitation, court costs Release, Hold Harmless, and Indemnification Page 3 of8 and attorney's fees, at all levels of proceedings [administrative, trial, and appellate levels] for any and all defense, investigation, or processing thereof whatsoever), judgments, orders, decrees, and settlements in any way based on, arising from, relating to, incidental to, or connected to, directly or indirectly, in whole or in part, any one or more of the following enumerated matters (collectively, "Released Matters"): (i) this Agreement; (ii) the virtual Proceedings on Applicant's Request(s), including, without limitation, the City's procedures found in Ordinance No. 13903, the swearing -in procedures, the public comment procedures, the scheduling procedures, and all other aspects involving the virtual Proceedings and the City's procedures thereon (including, without limitation, any due process claim(s), claim(s) of defective notice, or any other claim(s) arising from the format, legal sufficiency, or technological specifications of the virtual Proceedings or communications media technology used to conduct the virtual Proceedings; (iii) the City's use of communications media technology and inability of the City to conduct an in -person meeting while social distancing guidelines remain in place; or (iv) any and all third -party claim(s), challenge(s), appeal(s), or other proceeding(s) arising from any of the matters described in this Section, in whole or in part. 6. Applicant hereby agrees to defend, indemnify, and hold harmless the Released Parties against any and all claims, demands, suits, causes of action (including by way of illustration and not limitation, actions to challenge, set aside, or void any proceeding or entitlement; actions to assert any constitutional, due process, or property rights claims or violations; any actions or claims for loss, injury, loss of life), appeals, administrative appeals, damages, losses, liabilities, costs, and expenses (including, without limitation, court costs and attorney's fees, at all levels of proceedings [administrative, trial, and appellate levels] for any and all defense, investigation, or processing thereof whatsoever), judgments, orders, decrees, and settlements in any way based on, arising Release, Hold Hannless, and Indemnification Page 4 of 8 from, relating to, incidental to, or connected to, directly or indirectly, in whole or in part, any of the Released Matters. 7. Nothing herein is intended to waive or deprive Applicant of its right to appeal a deten-nination of the body for reasons wholly unrelated to, and not at all associated with, the virtual nature of the Proceedings, to the extent such a right to appeal exists. 8. The Applicant is voluntarily executing this Agreement and has not been pressured, forced, threatened, or coerced to execute this Agreement or to proceed with the virtual Proceedings required for the Applicant's Request(s). The Applicant understands that they have a right to consult with an attorney before signing this Agreement and have either consulted with an attorney or knowingly and voluntarily decided not to consult with an attorney. The Applicant is not under the influence of any drugs, alcohol, medication, any other narcotic or have any mental illness that might tend to affect the ability to knowingly enter into this Agreement and move forward with the Proceedings. 9. The Applicant has read and understand(s) the terms of this Agreement. 10. The Applicant acknowledges and agrees that nothing in this Agreement shall prejudice the City's right to impose protections pursuant to State, County, City, or any other agency orders, regulations, guidelines, resolutions, and ordinances otherwise necessary to ensure the public health, safety, and welfare of the citizens and employees of the City; nor shall the City be estopped from enforcing the terms of this Agreement for any reason, 11. Invalidation of any of provisions of this Agreement by judgment of a court shall not affect any of the other provisions, which shall remain in full force and effect. 12. The undersigned confirms that they are the authorized representative(s) of the Applicant, are authorized to enter this Agreement, and have authority to bind the Applicant. As Release, Hold Harmless, and Indemnification Page 5 of& applicable, the most recent Sunbiz and a duly adopted Resolution from the Applicant entity is attached hereto. 13. This Agreement may be executed in any number of counterparts, each of which so executed shall be deemed to be an original, and such counterparts shall together constitute but one and the same Agreement. The parties shall be entitled to sign and transmit an electronic signature of this Agreement (whether by facsimile, PDF or other email transmission), which signature shall be binding and have the same effect as original signatures. [Signature pages follow] This space intentionally left blank Release, Hold Harmless, and Indemnification Page 6 of& IN WITNESS WHEREOF, the Applicant has caused these presents to be executed and signed in its name by its proper officer on the day set forth above. Lovely Rita Acquisitions, LLC (Name of AVplicant) a Delawarftiited liabiL4, company (Type of Corl%ny or Vdividual) a (Signature) Craig Robiy ' 'V (Name of Person Authorized to Sign) as President of MDDA Sweet Bird Manager, LLC, a DelaN%are limited liability company, its Manager HUI STATE OF Florida )SS COUNTY OF Miami -Dade ) The foregoing instrument was acknowledge before me b,,,, riAeaps of ysica p h sisal presence OR online notarization, this day of D(:�) UZ 20 by Craig Robins** a — as of Personally Known or Produced Identification Type of Identification Produced 4 Printor StY.-rip Nahie: wkqv YARrrZED RODRIGUEZ Notary Public, State 0 MY COMMISSION GG 29Mi February7,2M Common No.: 4W Q= EXPIRES Commission 6��t 2--Mq nN Actiety Pubk U*%T%x My Commission Expires: **as President of MDDA Sweet Bird Manager, LLC, a Delaware limited liability company, its Manager Release, Hold Hanniess, and Indemnification Page 7 ofS CITY OF MIAMI, a municipal corporation of the State of Florida By: Arthur Noriega, V City Manager ATTESTED: By: Todd B. Hannon City Clerk APPROVED AS TO LEGAL FORM AND CORRECTNESS: Victoria M6ndez, City Attorney Release, Hold Hannless, and Indemnification Page 8 of 8 ("Agreement"), is made and entered into this - 6 day of November , 20 20, by MDDA Morning Dew, LLC, a Delaware limited liability company, ("Applicant") to the City of Miami, Florida, a municipal corporation of the State of Florida, in the County of Miami -Dade ("City"); and WHEREAS, the Applicant Amendments to the Miami Design Plan; and has applied to the city for District Retail Street Special Area WHEREAS, the Applicant's Request(s) require(s) one or more Proceedings (as hereinafter defined); and WHEREAS, the City has been holding virtual public meetings due to the Novel Coronavirus ("COVID- 19") pandemic pursuant to the Governor's Executive Order Number 20- 69, as extended by Executive Orders 20-112 and 20-139, which suspends any statutory requirement that physical quorum be present in order to hold a public meeting and permits local governments to use communications media technology to hold public meetings; and WHEREAS, Miami -Dade County ("County") has issued several Emergency Orders associated with the COVID-19 pandemic, including Emergency Order 10-20 which provides that no group of 10 or more individuals shall gather on a public street, alley, public sidewalk, or government facility open to the public in the County, with some exceptions; and WHEREAS, the City Commission adopted Ordinance No. 13903 on May 28,2020, which, inter alia, modified the requirements regarding the swearing in of parties and participants for any Release, Hold Hanniess, and Indeinnificatton Page 1 ofS planning and zoning items and quasi-judicial hearings, including all appeals from both, (collectively, "Proceedings") during the COVID- 19 pandemic; and WHEREAS, Ordinance No. 13903 temporarily suspends any requirement of members of the general public who are not parties to be sworn in and temporarily allows parties to appear virtually and make arrangements to be sworn in by oath or affirmation in -person at their location by an individual qualified to perform such duty or be physically present at City Hall to be sworn in by oath or affirmation by the City Clerk; and WHEREAS, all physical proceedings will include certain social distancing requirements, screenings, and protective measures consistent with the all Federal, State, and Local Emergency Orders, Executive Orders, and guidelines in order to protect the health, safety, and welfare of the employees and residents of the City; and WHEREAS, the Applicant still wishes to proceed with the virtual Proceedings as described herein on its Request(s) at their own risk; and WHEREAS, the City requires the execution of this Agreement as a condition precedent to move forward with virtual Proceedings on the Request(s); NOW, THEREFORE, in consideration of the City allowing the Applicant to move forward with the virtual Proceedings on the Request(s), subject to the terms and conditions set forth herein, and in further consideration of these premises, the Applicant does hereby agree as follows: 1. The Applicant acknowledges that the foregoing recitals are true and correct and are incorporated herein by reference as if fully set forth in this Section. 2. The Applicant understands that they have the option to wait until the COVID-19 pandemic ends to proceed with the Proceedings required for the Applicant's Request(s). Release, Hold Hanniess, and Indemnification Page 2 of8 Notwithstanding this option, the Applicant has requested to move forward with its Request(s) without delay. 3. The Applicant acknowledges and agrees that if they proceed with their Request(s) without delay, the City will hold virtual Proceedings on the Applicant's Request pursuant to the Governor's Executive Order and Ordinance No. 13903 as described above, with the Applicant, the Applicant's representative(s), and all those that intend to testify required to make arrangements to be sworn in by oath or affirmation in -person at their off -site location by an individual qualified to perform such duty or to coordinate with the City to be sworn in at City Hall. 4. The Applicant also acknowledges that per Ordinance No. 13903, the general public will not be required to physically appear at the Proceedings' location to be sworn by oath or affirmation, but will have several different avenues for public comment, which may include prerecorded phone and video submission, an online public comment form, and preregistration for a live call back during the meeting. 5. The Applicant, for themselves, their heirs, grantees, personal representatives, successors, and assigns, expressly and unequivocally agrees to release, waive, forever discharge, and covenant not to sue the City, and its officers, officials, directors, employees, personnel, volunteers, agents, assigns, successors, representatives, attorneys, contractors, and all other persons, entities, organizations, instrumentalities, and corporations affiliated therewith (collectively, "Released Pat -ties") from any and all claims, demands, suits, causes of action (including by way of illustration and not limitation, actions to challenge, set aside, or void any proceeding or entitlement; actions to assert any constitutional, due process, or property rights claims or violations; any actions or claims for loss, injury, loss of life), appeals, administrative appeals, damages, losses, liabilities, costs, and expenses (including, without limitation, court costs Release, Hold Hanniess, and Indemnification Page 3 ofS and attorney's fees, at all levels of proceedings [administrative, trial, and appellate levels] for any and all defense, investigation, or processing thereof whatsoever), judgments, orders, decrees, and settlements in any way based on, arising from, relating to, incidental to, or connected to, directly or indirectly, in whole or in part, any one or more of the following enumerated matters (collectively, "Released Matters"): (i) this Agreement; (ii) the virtual Proceedings on Applicant's Request(s), including, without limitation, the City's procedures found in Ordinance No. 13903, the swearing -in procedures, the public comment procedures, the scheduling procedures, and all other aspects involving the virtual Proceedings and the City's procedures thereon (including, without limitation, any due process claim(s), claim(s) of defective notice, or any other claim(s) arising from the format, legal sufficiency, or technological specifications of the virtual Proceedings or communications media technology used to conduct the virtual Proceedings; (iii) the City's use of communications media technology and inability of the City to conduct an in -person meeting while social distancing guidelines remain in place; or (iv) any and all third -party claim(s), challenge(s), appeal(s), or other proceeding(s) arising from any of the matters described in this Section, in whole or in part. 6. Applicant hereby agrees to defend, indemnify, and hold harmless the Released Parties against any and all claims, demands, suits, causes of action (including by way of illustration and not limitation, actions to challenge, set aside, or void any proceeding or entitlement; actions to assert any constitutional, due process, or property rights claims or violations; any actions or claims for loss, injury, loss of life), appeals, administrative appeals, damages, losses, liabilities, costs, and expenses (including, without limitation, court costs and attorney's fees, at all levels of proceedings [administrative, trial, and appellate levels] for any and all defense, investigation, or processing thereof whatsoever), judgments, orders, decrees, and settlements in any way based on, arising Release. Hold Hanniess, and Incicinnificanon. Page 4 of from, relating to, incidental to, or connected to, directly or indirectly, in whole or in part, any of the Released Matters. 7. Nothing herein is intended to waive or deprive Applicant of its right to appeal a determination of the body for reasons wholly unrelated to, and not at all associated with, the virtual nature of the Proceedings, to the extent such a right to appeal exists. 8. The Applicant is voluntarily executing this Agreement and has not been pressured, forced, threatened, or coerced to execute this Agreement or to proceed with the virtual Proceedings required for the Applicant's Request(s). The Applicant understands that they have a right to consult with an attorney before signing this Agreement and have either consulted with an attorney or knowingly and voluntarily decided not to consult with an attorney. The Applicant is not under the influence of any drugs, alcohol, medication, any other narcotic or have any mental illness that might tend to affect the ability to knowingly enter into this Agreement and move forward with the Proceedings. 9. The Applicant has read and understand(s) the terms of this Agreement. 10. The Applicant acknowledges and agrees that nothing in this Agreement shall prejudice the City's right to impose protections pursuant to State, County, City, or any other agency orders, regulations, guidelines, resolutions, and ordinances otherwise necessary to ensure the public health, safety, and welfare of the citizens and employees of the City; nor shall the City be estopped from enforcing the terms of this Agreement for any reason. 11. Invalidation of any of provisions of this Agreement by judgment of a court shall not affect any of the other provisions, which shall remain in full force and effect. 12. The undersigned confirms that they are the authorized representative(s) of the Applicant, are authorized to enter this Agreement, and have authority to bind the Applicant. As Release, Hold Hannless, and Indemnificanon Page 5 of& applicable, the most recent Sunbiz and a duly adopted Resolution from the Applicant entity is attached hereto. 13. This Agreement may be executed in any number of counterparts, each of which so executed shall be deemed to be an original, and such counterparts shall together constitute but one and the same Agreement. The parties shall be entitled to sign and transmit an electronic signature of this Agreement (whether by facsimile, PDF or other email transmission), which signature shall be binding and have the same effect as original signatures. [Signature pages follow] This space intentionally left blank Release, Hold Harmless, and Indemnification Page 6 ol'S IN WITNESS WHEREOF, the Applicant has caused these presents to be executed and signed in its name by its proper officer on the day set forth above. MDDA Morning Dew, LLC (Name of Applicant) a DelaArj limited liabilikf com[ (Type of Wany or Vividual) By: t � V %11164 (Signature),, 1*4 Craig Rob)nNs (Name of Person Authorized to Sign) as President of Miami Design District Associates Manager, LLC, a Delaware limited liability compart), its Manager (Title) STATE OF Florida )SS COUNTY OF Miami -Dade ) The foregoing instrument was acknowledgebefore me v cal presence OR online notarization, this day of j(rSUL—,20A'siby Craig Robins" a as of Personally Known or P duced Ide "tification Type of Identification Produced r - -//1 -j I I / . A / / / I A L/J ljV1/1/// . / &� I Print Ram' � q kot p fl�me- ..W.N ta1YYARMMRODRI NotariPublic, State of-�Hnma Commission No.: h My Commission Expires: NVIAZ� **as President of Miami Design District Associates Manager, LLC, a Delaware limited liability company, its Manager Release, Hold Hantiless, and Indemnification Page 7 ofS CITY OF MIAMI, a municipal corporation of the State of Florida By: Arthur Noriega, V City Manager ATTESTED: By: Todd B. Hannon City Clerk APPROVED AS TO LEGAL FORM AND CORRECTNESS: Victoria M6ndez, City Attorney Release, Held Hanniess, and Indeinnification Page 8 of 8 RELEASE, HOLD HARMLESS, AND INDEMNIFICATION AGREEMENT ("Agreement"), is made and entered into this 6 day of November , 20 20 , by Norwegian Wood Acquisitions, LLC, a Delaware limited liability company, ("Applicant") to the City of Miami, Florida, a municipal corporation of the State of Florida, in the County of Miami -Dade ("City"); and WHEREAS, the Applicant Amendments to the Miami Design Plan; and has applied to the city for District Retail Street Special Area WHEREAS, the Applicant's Request(s) require(s) one or more Proceedings (as hereinafter defined); and WHEREAS, the City has been holding virtual public meetings due to the Novel Coronavirus ("COVID-19") pandemic pursuant to the Governor's Executive Order Number 20- 69, as extended by Executive Orders 20-112 and 20-139, which suspends any statutory requirement that physical quorum be present in order to hold a public meeting and permits local governments to use communications media technology to hold public meetings; and WHEREAS, Miami -Dade County ("County") has issued several Emergency Orders associated with the COVID-19 pandemic, including Emergency Order 10-20 which provides that no group of 10 or more individuals shall gather on a public street, alley, public sidewalk, or government facility open to the public in the County, with some exceptions; and WHEREAS, the City Commission adopted Ordinance No. 13903 on May 28,2020, which, inter alia, modified the requirements regarding the swearing in of parties and participants for any Release, Hold Hannless, and Indemnification Page I of8 planning and zoning items and quasi-judicial hearings, including all appeals from both, (collectively, "Proceedings") during the COVID- 19 pandemic; and WHEREAS, Ordinance No. 13903 temporarily suspends any requirement of members of the general public who are not parties to be sworn in and temporarily allows parties to appear virtually and make arrangements to be sworn in by oath or affirmation in -person at their location by an individual qualified to perform such duty or be physically present at City Hall to be sworn in by oath or affirmation by the City Clerk; and WHEREAS, all physical proceedings will include certain social distancing requirements, screenings, and protective measures consistent with the all Federal, State, and Local Emergency Orders, Executive Orders, and guidelines in order to protect the health, safety, and welfare of the employees and residents of the City; and WHEREAS, the Applicant still wishes to proceed with the virtual Proceedings as described herein on its Request(s) at their own risk; and WHEREAS, the City requires the execution of this Agreement as a condition precedent to move forward with virtual Proceedings on the Request(s); NOW, THEREFORE, in consideration of the City allowing the Applicant to move forward with the virtual Proceedings on the Request(s), subject to the terms and conditions set forth herein, and in further consideration of these premises, the Applicant does hereby agree as follows: 1. The Applicant acknowledges that the foregoing recitals are true and correct and are incorporated herein by reference as if fully set forth in this Section. 2. The Applicant understands that they have the option to wait until the COVID-19 pandemic ends to proceed with the Proceedings required for the Applicant's Request(s), Release, Hold Hanniess, and Indemnification Page 2 0178 Notwithstanding this option, the Applicant has requested to move forward with its Request(s) • •- 3. The Applicant acknowledges and agrees that if they proceed with their Request(s) without delay, the City will hold virtual Proceedings on the Applicant's Request pursuant to the Governor's Executive Order and Ordinance No. 13903 as described above, with the Applicant, the Applicant's representative(s), and all those that intend to testify required to make arrangements to be sworn in by oath or affirmation in -person at their off -site location by an individual qualified to perform such duty or to coordinate with the City to be sworn in at City Hall. 4. The Applicant also acknowledges that per Ordinance No. 13903, the general public will not be required to physically appear at the Proceedings' location to be sworn by oath or affirmation, but will have several different avenues for public comment, which may include prerecorded phone and video submission, an online public comment form, and preregistration for a live call back during the meeting. 5. The Applicant, for themselves, their heirs, grantees, personal representatives, successors, and assigns, expressly and unequivocally agrees to release, waive, forever discharge, and covenant not to sue the City, and its officers, officials, directors, employees, personnel, volunteers, agents, assigns, successors, representatives, attorneys, contractors, and all other persons, entities, organizations, instrumentalities, and corporations affiliated therewith (collectively, "Released Pat -ties") from any and all claims, demands, suits, causes of action (including by way of illustration and not limitation, actions to challenge, set aside, or void any proceeding or entitlement; actions to assert any constitutional, due process, or property rights claims or violations; any actions or claims for loss, injury, loss of life), appeals, administrative appeals, damages, losses, liabilities, costs, and expenses (including, without limitation, court costs Release, Hold Hanniess, and Indemnification Page 3 0178 and attorney's fees, at all levels of proceedings [administrative, trial, and appellate levels] for any and all defense, investigation, or processing thereof whatsoever), judgments, orders, decrees, and settlements in any way based on, arising from, relating to, incidental to, or connected to, directly or indirectly, in whole or in part, any one or more of the following enumerated matters (collectively, "Released Matters"): (i) this Agreement; (ii) the virtual Proceedings on Applicant's Request(s), including, without limitation, the City's procedures found in Ordinance No. 13903, the swearing -in procedures, the public comment procedures, the scheduling procedures, and all other aspects involving the virtual Proceedings and the City's procedures thereon (including, without limitation, any due process claim(s), claim(s) of defective notice, or any other claim(s) arising from the format, legal sufficiency, or technological specifications of the virtual Proceedings or communications media technology used to conduct the virtual Proceedings; (iii) the City's use of communications media technology and inability of the City to conduct an in -person meeting while social distancing guidelines remain in place; or (iv) any and all third -party claim(s), challenge(s), appeal(s), or other proceeding(s) arising from any of the matters described in this Section, in whole or in part. 6. Applicant hereby agrees to defend, indemnify, and hold harmless the Released Parties against any and all claims, demands, suits, causes of action (including by way of illustration and not limitation, actions to challenge, set aside, or void any proceeding or entitlement; actions to assert any constitutional, due process, or property rights claims or violations; any actions or claims for loss, injury, loss of life), appeals, administrative appeals, damages, losses, liabilities, costs, and expenses (including, without limitation, court costs and attorney's fees, at all levels of proceedings [administrative, trial, and appellate levels] for any and all defense, investigation, or processing thereof whatsoever), judgments, orders, decrees, and settlements in any way based on, arising Release, Hold HannIess, and Indemnification Page 4 ofS from, relating to, incidental to, or connected to, directly or indirectly, in whole or in part, any of the Released Matters. 7. Nothing herein is intended to waive or deprive Applicant of its right to appeal a determination of the body for reasons wholly unrelated to, and not at all associated with, the virtual nature of the Proceedings, to the extent such a right to appeal exists. 8. The Applicant is voluntarily executing this Agreement and has not been pressured, forced, threatened, or coerced to execute this Agreement or to proceed with the virtual Proceedings required for the Applicant's Request(s). The Applicant understands that they have a right to consult with an attorney before signing this Agreement and have either consulted with an attorney or knowingly and voluntarily decided not to consult with an attorney. The Applicant is not under the influence of any drugs, alcohol, medication, any other narcotic or have any mental illness that might tend to affect the ability to knowingly enter into this Agreement and move forward with the Proceedings. 9. The Applicant has read and understand(s) the terms of this Agreement. 10. The Applicant acknowledges and agrees that nothing in this Agreement shall prejudice the City's right to impose protections pursuant to State, County, City, or any other agency orders, regulations, guidelines, resolutions, and ordinances otherwise necessary to ensure the public health, safety, and welfare of the citizens and employees of the City; nor shall the City be estopped from enforcing the terms of this Agreement for any reason. 11. Invalidation of any of provisions of this Agreement by judgment of a court shall not affect any of the other provisions, which shall remain in full force and effect. 11. The undersigned confirms that they are the authorized representative(s) of the Applicant, are authorized to enter this Agreement, and have authority to bind the Applicant, As Release, Hold Harmless, and Indemnification Page 5 of 8 applicable, the most recent Sunbiz and a duly adopted Resolution from the Applicant entity is attached hereto. 13. This Agreement may be executed in any number of counterparts, each of which so executed shall be deemed to be an original, and such counterparts shall together constitute but one and the same Agreement. The parties shall be entitled to sign and transmit an electronic signature of this Agreement (whether by facsimile, PDF or other email transmission), which signature shall be binding and have the same effect as original signatures. [Signature pages follow] This space intentionally left blank Release, Hold Hannless, and Indemnification Page 6 of8 IN WITNESS WHEREOF, the Applicant has caused these presents to be executed and signed in its name by its proper officer on the day set forth above. Norwegian Wood Acquisitions, L C (Name 4Applicant) a ueiawa (Type of By: (Signat limited 101ity company IQpany,/ Individual) Craig Robins (Name of Person Authorized to Sign) as President of MDDA Sweet Bird Manager, LLC, a Delaware limited liability company, its Manager (Title) STATE OF Florida )SS COUNTY OF Miami -Dade ) The foregoing instrument was acknowled!e before me b means of ph sical presence OR online notarization, this day of 20 by Craig Robins" a as of Personally Known or Produced Identification -A Type of Identification Produced V � I V V - It WN Print or STal-np Name: 04 -twvp*11-11' YAW= RODMEZ U W ARC0MM*S9Al#GG29W1l Notary Public, Stat of . V E IRES: Foftaly 7. 2M Commission No.: My Commission Expires: bz� ""as President of MDDA Sweet Bird Manager, LLC, a Delaware limited liability company, its Manager Release, Hold Harmless, and Indemnification Page 7 of 8 CITY OF MIAMI, a municipal corporation of the State of Florida By: Arthur Noriega, V City Manager ATTESTED: By: Todd B. Hannon City Clerk ,...• AS TO LEGAL FORM AND CORRECTNESS: Victoria M6ndez, City Attorney Release, Hold Hannless, and Indemnification Page 8 of8 THIS RELEASE, HOLD HARMLESS, AND INDEMNIFICATION AGREEMENT ("Agreement"), is made and entered into this . 6 day of November , 20 20 , by Oak Plaza Associates (Del.) LLC, a Delaware limited liability company, ("Applicant'') to the City of Miami, Florida, a municipal corporation of the State of Florida, in the County of Miami -Dade ("City"); and WHEREAS, the Applicant Amendments to the Miami Design Plan; and has applied to the City for District Retail Street Special Area WHEREAS, the Applicant's Request(s) require(s) one or more Proceedings (as hereinafter defined); and WHEREAS, the City has been holding virtual public meetings due to the Novel Coronavirus ("COVID- 19") pandemic pursuant to the Governor's Executive Order Number 20- 69, as extended by Executive Orders 20-112 and 20-139, which suspends any statutory requirement that physical quorum be present in order to hold a public meeting and permits local governments to use communications media technology to hold public meetings; and WHEREAS, Miami -Dade County ("County") has issued several Emergency Orders associated with the COVID- 19 pandemic, including Emergency Order 10-20 which provides that no group of 10 or more individuals shall gather on a public street, alley, public sidewalk. or government facility open to the public in the County, with some exceptions; and WHEREAS, the City Commission adopted Ordinance No. 13903 on May 28, 2020, which, inter alia, modified the requirements regarding the swearing in of parties and participants for any Release, Hold Harmless, and Indemnification Page 1 or8 planning and zoning items and quasi-judicial hearings, including all appeals from both, (collectively, "Proceedings") during the COVID- 19 pandemic; and WHEREAS, Ordinance No. 13903 temporarily suspends any requirement of members of the general public who are not parties to be sworn in and temporarily allows parties to appear virtually and make arrangements to be sworn in by oath or affirmation in -person at their location by an individual qualified to perform such duty or be physically present at City Hall to be sworn in by oath or affirmation by the City Clerk; and WHEREAS, all physical proceedings will include certain social distancing requirements, screenings, and protective measures consistent with the all Federal, State, and Local Emergency Orders, Executive Orders, and guidelines in order to protect the health, safety, and welfare of the employees and residents of the City; and WHEREAS, the Applicant still wishes to proceed with the virtual Proceedings as described herein on its Request(s) at their own risk; and WHEREAS, the City requires the execution of this Agreement as a condition precedent to move forward with virtual Proceedings on the Request(s); NOW, THEREFORE, in consideration of the City allowing the Applicant to move forward with the virtual Proceedings on the Request(s), subject to the terms and conditions set forth herein, and in further consideration of these premises, the Applicant does hereby agree as follows: 1. The Applicant acknowledges that the foregoing recitals are true and correct and are incorporated herein by reference as if fully set forth in this Section. 2. The Applicant understands that they have the option to wait until the COVID-1 9 pandemic ends to proceed with the Proceedings required for the Applicant's Request(s). Release, field Hamiless, and Indemnification Page 2 of8 Notwithstanding this option, the Applicant has requested to move forward with its Request(s) 3. The Applicant acknowledges and agrees that if they proceed with their Request(s) without delay, the City will hold virtual Proceedings on the Applicant's Request pursuant to the Governor's Executive Order and Ordinance No. 13903 as described above, with the Applicant, the Applicant's representative(s), and all those that intend to testify required to make arrangements to be sworn in by oath or affirmation in -person at their off -site location by an individual qualified to perform such duty or to coordinate with the City to be sworn in at City Hall. 4. The Applicant also acknowledges that per Ordinance No. 13903, the general public will not be required to physically appear at the Proceedings' location to be sworn by oath or affirmation, but will have several different avenues for public comment, which may include prerecorded phone and video submission, an online public comment form, and preregistration for a live call back during the meeting. 5. The Applicant, for themselves, their heirs, grantees, personal representatives, successors, and assigns, expressly and unequivocally agrees to release, waive, forever discharge, and covenant not to sue the City, and its officers, officials, directors, employees, personnel, volunteers, agents, assigns, successors, representatives, attorneys, contractors, and all other persons, entities, organizations, instrumentalities, and corporations affiliated therewith (collectively, "Released Parties") from any and all claims, demands, suits, causes of action (including by way of illustration and not limitation, actions to challenge, set aside, or void any proceeding or entitlement; actions to assert any constitutional, due process, or property rights claims or violations; any actions or claims for loss, injury, loss of life), appeals, administrative appeals, damages, losses, liabilities, costs, and expenses (including, without limitation, court costs Release, Hold Hanniess, and Indemnification Page 3 ofS and attorney's fees, at all levels of proceedings [administrative, trial, and appellate levels] for any and all defense, investigation, or processing thereof whatsoever), judgments, orders, decrees, and settlements in any way based on, arising from, relating to, incidental to, or connected to, directly or indirectly, in whole or in part, any one or more of the following enumerated matters (collectively, "Released Matters"): (i) this Agreement; (ii) the virtual Proceedings on Applicant's Request(s), including, without limitation, the City's procedures found in Ordinance No. 13903, the swearing -in procedures, the public comment procedures, the scheduling procedures, and all other aspects involving the virtual Proceedings and the City's procedures thereon (including, without limitation, any due process claim(s), claim(s) of defective notice, or any other claim(s) arising from the format, legal sufficiency, or technological specifications of the virtual Proceedings or communications media technology used to conduct the virtual Proceedings; (iii) the City's use of communications media technology and inability of the City to conduct an in -person meeting while social distancing guidelines remain in place; or (iv) any and all third -party claim(s), challenge(s), appeal(s), or other proceeding(s) arising from any of the matters described in this Section, in whole or in part. 6. Applicant hereby agrees to defend, indemnify, and hold harmless the Released Parties against any and all claims, demands, suits, causes of action (including by way of illustration and not limitation, actions to challenge, set aside, or void any proceeding or entitlement; actions to assert any constitutional, due process, or property rights claims or violations; any actions or claims for loss, injury, loss of life), appeals, administrative appeals, damages, losses, liabilities, costs, and expenses (including, without limitation, court costs and attorney's fees, at all levels of proceedings [administrative, trial, and appellate levels] for any and all defense, investigation, or processing thereof whatsoever), judgments, orders, decrees, and settlements in any way based on, arising Release, Hold Harmless, and Indemnification Page 4 ofll from, relating to, incidental to, or connected to, directly or indirectly, in whole or in part, any of the Released Matters. 7. Nothing herein is intended to waive or deprive Applicant of its right to appeal a determination of the body for reasons wholly unrelated to, and not at all associated with, the virtual nature of the Proceedings, to the extent such a right to appeal exists. 8. The Applicant is voluntarily executing this Agreement and has not been pressured, forced, threatened, or coerced to execute this Agreement or to proceed with the virtual Proceedings required for the Applicant's Request(s). The Applicant understands that they have a right to consult with an attorney before signing this Agreement and have either consulted with an attorney or knowingly and voluntarily decided not to consult with an attorney. The Applicant is not under the influence of any drugs, alcohol, medication, any other narcotic or have any mental illness that might tend to affect the ability to knowingly enter into this Agreement and move forward with the Proceedings. 9. The Applicant has read and understand(s) the terms of this Agreement. 10. The Applicant acknowledges and agrees that nothing in this Agreement shall prejudice the City's right to impose protections pursuant to State, County, City, or any other agency orders, regulations, guidelines, resolutions, and ordinances otherwise necessary to ensure the public health, safety, and welfare of the citizens and employees of the City; nor shall the City be estopped from enforcing the terms of this Agreement for any reason. 11. Invalidation of any of provisions of this Agreement by judgment of a court shall not affect any of the other provisions, which shall remain in full force and effect. 12. The undersigned confirms that they are the authorized representative(s) of the Applicant, are authorized to enter this Agreement, and have authority to bind the Applicant. As Release, Hold Hanniess, and Indemnification Page 5 of 8 applicable, the most recent Sunbiz and a duly adopted Resolution from the Applicant entity is attached hereto. 13. This Agreement may be executed in any number of counterparts, each of which so executed shall be deemed to be an original, and such counterparts shall together constitute but one and the same Agreement. The parties shall be entitled to sign and transmit an electronic signature of this Agreement (whether by facsimile, PDF or other email transmission), which signature shall be binding and have the same effect as original signatures. [Signature pages follow] This space intentionally left blank Release, Hold Hannless, and Indemnification Page 6 ofs IN WITNESS WHEREOF, the Applicant has caused these presents to be executed and signed in its name by its proper officer on the day set forth above. w =. w M. rT. 1 M T#. "I Oak Plaza Associates (Del.) LLC (Name of Apalicant) a Delaware IhA' ed liability omp (Type of Compftgor Intl'vidual) LIN (Signature) Craig Robins V� (Name of PersoA Auth��ized to Sign) as President of Miami Design District Associates Manager, LLC, a Delaware limited liability company, its Manager (Title) STATE OF Florida )SS COUNTY OF Miami -Dade ) The foregoing instrument was acknowled e before me by means of ph sical presence OR online notarization, this day of 0(b�22K—,20 by Craig Robins" a as of Personally Known or Produced Identification Type of Identification Produced 11 j ,/l 4 Ul / U ( - 4 (/ I/ W , f - I Pri At cl� Stamp Name: YARMEDROMMiEZ Notary Public, State of MYCOWASSION8002"M qA EXPIRES. Fd"Y. 201 Commission No.: 66 ?6F�l u My Commission Expires: ()Gk I 1411 **as President of Miami Design District Associates Manager, LLC, a Delaware limited liability company, its Manager Release, Hold Hannless, and Indemnification Page 7 of& CITY OF MIAMI, a municipal corporation of the State of Florida By: Arthur Noriega, V City Manager ATTESTED: By: Todd B. Hannon City Clerk APPROVED AS TO LEGAL FORM AND CORRECTNESS: Victoria M6ndez, City Attorney Release, Hold Harmless, and Indemnification Page 8 of8 RELEASE, HOLD HARMLESS, AND INDEMNIFICATION AGREEMENT THIS RELEASE, HOLD HARMLESS, AND INDEMNIFICATION AGREEMENT ("Agreement"), is made and entered into this 6 day of November , 2020 , by Paradise Plaza Associates, LLC, a Delaware limited liability company, ("Applicant") to the City of Miami, Florida, a municipal corporation of the State of Florida, in the County of Miami -Dade ("City"); and WHEREAS, the Applicant Amendments to the Miami Design Plan; and has applied to the City for District Retail Street Special Area WHEREAS, the Applicant's Request(s) require(s) one or more Proceedings (as hereinafter defined); and WHEREAS, the City has been holding virtual public meetings due to the Novel Coronavirus ("COVID-19") pandemic pursuant to the Governor's Executive Order Number 20- 69, as extended by Executive Orders 20-112 and 20-139, which suspends any statutory requirement that physical quorum be present in order to hold a public meeting and permits local governments to use communications media technology to hold public meetings; and WHEREAS, Miami -Dade County ("County") has issued several Emergency Orders associated with the COVID-19 pandemic, including Emergency Order 10-20 which provides that no group of 10 or more individuals shall gather on a public street, alley, public sidewalk, or government facility open to the public in the County, with some exceptions; and WHEREAS, the City Commission adopted Ordinance No. 13903 on May 28, 2020, which, inter alia, modified the requirements regarding the swearing in of parties and participants for any Release, Hold Harmless, and Indemnification page 1 of 8 planning and zoning items and quasi-judicial hearings, including all appeals from both, (collectively, "Proceedings") during the COVID-19 pandemic; and WHEREAS, Ordinance No. 13903 temporarily suspends any requirement of members of the general public who are not parties to be sworn in and temporarily allows parties to appear virtually and make arrangements to be sworn in by oath or affirmation in -person at their location by an individual qualified to perform such duty or be physically present at City Hall to be sworn in by oath or affirmation by the City Clerk; and WHEREAS, all physical proceedings will include certain social distancing requirements, screenings, and protective measures consistent with the all Federal, State, and Local Emergency Orders, Executive Orders, and guidelines in order to protect the health, safety, and welfare of the employees and residents of the City; and WHEREAS, the Applicant still wishes to proceed with the virtual Proceedings as described herein on its Request(s) at their own risk; and WHEREAS, the City requires the execution of this Agreement as a condition precedent to move forward with virtual Proceedings on the Request(s); NOW, THEREFORE, in consideration of the City allowing the Applicant to move forward with the virtual Proceedings on the Request(s), subject to the terms and conditions set forth herein, and in further consideration of these premises, the Applicant does hereby agree as follows: 1. The Applicant acknowledges that the foregoing recitals are true and correct and are incorporated herein by reference as if fully set forth in this Section. 2. The Applicant understands that they have the option to wait until the COVID-19 pandemic ends to proceed with the Proceedings required for the Applicant's Request(s). Release, Hold Hannless, and Indemnification Page 2 of8 Notwithstanding this option, the Applicant has requested to move forward with its Request(s) without delay. 3. The Applicant acknowledges and agrees that if they proceed with their Request(s) without delay, the City will hold virtual Proceedings on the Applicant's Request pursuant to the Governor's Executive Order and Ordinance No. 13903 as described above, with the Applicant, the Applicant's representative(s), and all those that intend to testify required to make arrangements to be sworn in by oath or affirmation in -person at their off -site location by an individual qualified to perform such duty or to coordinate with the City to be sworn in at City Hall. 4. The Applicant also acknowledges that per Ordinance No. 13903, the general public will not be required to physically appear at the Proceedings' location to be sworn by oath or affirmation, but will have several different avenues for public comment, which may include prerecorded phone and video submission, an online public comment form, and preregistration for a live call back during the meeting. 5. The Applicant, for themselves, their heirs, grantees, personal representatives, successors, and assigns, expressly and unequivocally agrees to release, waive, forever discharge, and covenant not to sue the City, and its officers, officials, directors, employees, personnel, volunteers, agents, assigns, successors, representatives, attorneys, contractors, and all other persons, entities, organizations, instrumentalities, and corporations affiliated therewith (collectively, "Released Parties") from any and all claims, demands, suits, causes of action (including by way of illustration and not limitation, actions to challenge, set aside, or void any proceeding or entitlement; actions to assert any constitutional, due process, or property rights claims or violations; any actions or claims for loss, injury, loss of life), appeals, administrative appeals, damages, losses, liabilities, costs, and expenses (including, without limitation, court costs Release, Hold Harmless, and Indemnification Page 3 of 8 and attorney's fees, at all levels of proceedings [administrative, trial, and appellate levels] for any and all defense, investigation, or processing thereof whatsoever), judgments, orders, decrees, and settlements in any way based on, arising from, relating to, incidental to, or connected to, directly or indirectly, in whole or in part, any one or more of the following enumerated matters (collectively, "Released Matters"): (i) this Agreement; (ii) the virtual Proceedings on Applicant's Request(s), including, without limitation, the City's procedures found in Ordinance No. 13903, the swearing -in procedures, the public comment procedures, the scheduling procedures, and all other aspects involving the virtual Proceedings and the City's procedures thereon (including, without limitation, any due process claim(s), claim(s) of defective notice, or any other claim(s) arising from the format, legal sufficiency, or technological specifications of the virtual Proceedings or communications media technology used to conduct the virtual Proceedings; (iii) the City's use of communications media technology and inability of the City to conduct an in -person meeting while social distancing guidelines remain in place; or (iv) any and all third -party claim(s), challenge(s), appeal(s), or other proceeding(s) arising from any of the matters described in this Section, in whole or in part. 6. Applicant hereby agrees to defend, indemnify, and hold harmless the Released Parties against any and all claims, demands, suits, causes of action (including by way of illustration and not limitation, actions to challenge, set aside, or void any proceeding or entitlement; actions to assert any constitutional, due process, or property rights claims or violations; any actions or claims for loss, injury, loss of life), appeals, administrative appeals, damages, losses, liabilities, costs, and expenses (including, without limitation, court costs and attorney's fees, at all levels of proceedings [administrative, trial, and appellate levels] for any and all defense, investigation, or processing thereof whatsoever), judgments, orders, decrees, and settlements in any way based on, arising Release, Hold Hannless, and Indemnification Page 4 of 8 from, relating to, incidental to, or connected to, directly or indirectly, in whole or in part, any of the Released Matters. 7. Nothing herein is intended to waive or deprive Applicant of its right to appeal a determination of the body for reasons wholly unrelated to, and not at all associated with, the virtual nature of the Proceedings, to the extent such a right to appeal exists. 8. The Applicant is voluntarily executing this Agreement and has not been pressured, forced, threatened, or coerced to execute this Agreement or to proceed with the virtual Proceedings required for the Applicant's Request(s). The Applicant understands that they have a right to consult with an attorney before signing this Agreement and have either consulted with an attorney or knowingly and voluntarily decided not to consult with an attorney. The Applicant is not under the influence of any drugs, alcohol, medication, any other narcotic or have any mental illness that might tend to affect the ability to knowingly enter into this Agreement and move forward with the Proceedings. 9. The Applicant has read and understand(s) the terms of this Agreement. 10. The Applicant acknowledges and agrees that nothing in this Agreement shall prejudice the City's right to impose protections pursuant to State, County, City, or any other agency orders, regulations, guidelines, resolutions, and ordinances otherwise necessary to ensure the public health, safety, and welfare of the citizens and employees of the City; nor shall the City be estopped from enforcing the terms of this Agreement for any reason. 11. Invalidation of any of provisions of this Agreement by judgment of a court shall not affect any of the other provisions, which shall remain in full force and effect. 12. The undersigned confirms that they are the authorized representative(s) of the Applicant, are authorized to enter this Agreement, and have authority to bind the Applicant. As Release, Hold Hannless, and Indemnification Page 5 of8 applicable, the most recent Sunbiz and a duly adopted Resolution from the Applicant entity is attached hereto. 13. This Agreement may be executed in any number of counterparts, each of which so executed shall be deemed to be an original, and such counterparts shall together constitute but one and the same Agreement. The parties shall be entitled to sign and transmit an electronic signature of this Agreement (whether by facsimile, PDF or other email transmission), which signature shall be binding and have the same effect as original signatures. [Signature pages follow] This space intentionally left blank Release, Hold Hannless, and Indemnification Page 6 of 8 IN WITNESS WHEREOF, the Applicant has caused these presents to be executed and signed in its name by its proper officer on the day set forth above. Signed, Sealed and Delivered Paradise Plaza Associates, LLC (Name of Applicant) a DelawarO&nited HaVity company (Type of Co ny o;• ndividual) LIN (Signature) Craig Robin WN (Name of erson Authorized to Sign) as President of Miami Design District Associates Manager, LLC, a Delaware limited liability company, its Manager (Title) STATE OF Florida ) SS COUNTY OF Miami -Dade The foregoing instrument was acknowled e before me by m an of ph sical presence OR online notarization, this day of �02, by Craig Robins** a as of Personally Known or Produced Id cation Z/ Type of Identification Produced j f/( Print(or Stamp Name: Notary Public, State o Commission No.: My Commission Expires: V **as President of Miami Design District Associates Manager, LLC, a Delaware limited liability company, its Manager Release, Hold Hannless, and Indemnification Page 7 of 8 CITY OF MIAMI, a municipal corporation of the State of Florida By: Arthur Noriega, V City Manager ATTESTED: By: Todd B. Hannon City Clerk APPROVED AS TO LEGAL FORM AND CORRECTNESS: Victoria Mendez, City Attorney Release, Hold Hannless, and Indemnification Page 8 of8 ("Agreement"), is made and entered into this 6 day of November , 20 20 , by Sun King, LLC, a Delaware limited liability company, ("Applicant") to the City of Miami, Florida, a municipal corporation of the State of Florida, in the County of Miami - Dade ("City"); and WHEREAS, the Applicant Amendments to the Miami Design Plan; and has applied to the City for District Retail Street Special Area WHEREAS, the Applicant's Request(s) require(s) one or more Proceedings (as hereinafter defined); and WHEREAS, the City has been holding virtual public meetings due to the Novel Coronavirus ("COVID-19") pandemic pursuant to the Governor's Executive Order Number 20- 69, as extended by Executive Orders 20-112 and 20-139, which suspends any statutory requirement that physical quorum be present in order to hold a public meeting and permits local governments to use communications media technology to hold public meetings; and WHEREAS, Miami -Dade County ("County") has issued several Emergency Orders associated with the COVID-19 pandemic, including Emergency Order 10-20 which provides that no group of 10 or more individuals shall gather on a public street, alley, public sidewalk, or government facility open to the public in the County, with some exceptions; and WHEREAS, the City Commission adopted Ordinance No. 13903 on May 28, 2020, which, inter alia, modified the requirements regarding the swearing in of parties and participants for any Release, Hold Hannless, and Indemnification Page I oi78 planning and zoning items and quasi-judicial hearings, including all appeals from both, (collectively, "Proceedings") during the COVID- 19 pandemic; and WHEREAS, Ordinance No. 13903 temporarily suspends any requirement of members of the general public who are not parties to be sworn in and temporarily allows parties to appear virtually and make arrangements to be sworn in by oath or affirmation in -person at their location by an individual qualified to perform such duty or be physically present at City Hall to be sworn in by oath or affirmation by the City Clerk; and WHEREAS, all physical proceedings will include certain social distancing requirements, screenings, and protective measures consistent with the all Federal, State, and Local Emergency Orders, Executive Orders, and guidelines in order to protect the health, safety, and welfare of the employees and residents of the City; and WHEREAS, the Applicant still wishes to proceed with the virtual Proceedings as described herein on its Request(s) at their own risk; and WHEREAS, the City requires the execution of this Agreement as a condition precedent to move forward with virtual Proceedings on the Request(s); NOW, THEREFORE, in consideration of the City allowing the Applicant to move forward with the virtual Proceedings on the Request(s), subject to the terms and conditions set forth herein, and in further consideration of these premises, the Applicant does hereby agree as follows: 1. The Applicant acknowledges that the foregoing recitals are true and correct and are incorporated herein by reference as if fully set forth in this Section. 2. The Applicant understands that they have the option to wait until the COVID-19 pandemic ends to proceed with the Proceedings required for the Applicant's Request(s). Release, Hold HannIess, and Indernnificanon Page 2 of& Notwithstanding this option, the Applicant has requested to move forward with its Request(s) without delay. 3. The Applicant acknowledges and agrees that if they proceed with their Request(s) without delay, the City will hold virtual Proceedings on the Applicant's Request pursuant to the Governor's Executive Order and Ordinance No. 13903 as described above, with the Applicant, the Applicant's representative(s), and all those that intend to testify required to make arrangements to be sworn in by oath or affirmation in -person at their off -site location by an individual qualified to perform such duty or to coordinate with the City to be sworn in at City Hall. 4. The Applicant also acknowledges that per Ordinance No. 13903, the general public will not be required to physically appear at the Proceedings' location to be sworn by oath or affirmation, but will have several different avenues for public comment, which may include prerecorded phone and video submission, an online public comment form, and preregistration for a live call back during the meeting. 5. The Applicant, for themselves, their heirs, grantees, personal representatives, successors, and assigns, expressly and unequivocally agrees to release, waive, forever discharge, and covenant not to sue the City, and its officers, officials, directors, employees, personnel, volunteers, agents, assigns, successors, representatives, attorneys, contractors, and all other persons, entities, organizations, instrumentalities, and corporations affiliated therewith (collectively, "Released Pat -ties") from any and all claims, demands, suits, causes of action (including by way of illustration and not limitation, actions to challenge, set aside, or void any proceeding or entitlement; actions to assert any constitutional, due process, or property rights claims or violations; any actions or claims for loss, injury, loss of life), appeals, administrative appeals, damages, losses, liabilities, costs, and expenses (including, without limitation, court costs Release, Hold Hantiless, and Indemnification Page 3 0f8 and attorney's fees, at all levels of proceedings [administrative, trial, and appellate levels] for any and all defense, investigation, or processing thereof whatsoever), judgments, orders, decrees, and settlements in any way based on, arising from, relating to, incidental to, or connected to, directly or indirectly, in whole or in part, any one or more of the following enumerated matters (collectively, "Released Matters"): (i) this Agreement; (ii) the virtual Proceedings on Applicant's Request(s), including, without limitation, the City's procedures found in Ordinance No. 13903, the swearing -in procedures, the public comment procedures, the scheduling procedures, and all other aspects involving the virtual Proceedings and the City's procedures thereon (including, without limitation, any due process claim(s), claim(s) of defective notice, or any other claim(s) arising from the format, legal sufficiency, or technological specifications of the virtual Proceedings or communications media technology used to conduct the virtual Proceedings; (iii) the City's use of communications media technology and inability of the City to conduct an in -person meeting while social distancing guidelines remain in place; or (iv) any and all third -party claim(s), challenge(s), appeal(s), or other proceeding(s) arising from any of the matters described in this Section, in whole or in part. 6. Applicant hereby agrees to defend, indemnify, and hold harmless the Released Parties against any and all claims, demands, suits, causes of action (including by way of illustration and not limitation, actions to challenge, set aside, or void any proceeding or entitlement; actions to assert any constitutional, due process, or property rights claims or violations; any actions or claims for loss, injury, loss of life), appeals, administrative appeals, damages, losses, liabilities, costs, and expenses (including, without limitation, court costs and attorney's fees, at all levels of proceedings [administrative, trial, and appellate levels] for any and all defense, investigation, or processing thereof whatsoever), judgments, orders, decrees, and settlements in any way based on, arising Release, Hold Harmless, and Indemnification Page 4 of from, relating to, incidental to, or connected to, directly or indirectly, in whole or in part, any of 7. Nothing herein is intended to waive or deprive Applicant of its right to appeal a determination of the body for reasons wholly unrelated to, and not at all associated with, the virtual nature of the Proceedings, to the extent such a right to appeal exists. 8. The Applicant is voluntarily executing this Agreement and has not been pressured, forced, threatened, or coerced to execute this Agreement or to proceed with the virtual Proceedings required for the Applicant's Request(s). The Applicant understands that they have a right to consult with an attorney before signing this Agreement and have either consulted with an attorney or knowingly and voluntarily decided not to consult with an attorney. The Applicant is not under the influence of any drugs, alcohol, medication, any other narcotic or have any mental illness that might tend to affect the ability to knowingly enter into this Agreement and move forward with the Proceedings. 9. The Applicant has read and understand(s) the terms of this Agreement. 10. The Applicant acknowledges and agrees that nothing in this Agreement shall prejudice the City's right to impose protections pursuant to State, County, City, or any other agency orders, regulations, guidelines, resolutions, and ordinances otherwise necessary to ensure the public health, safety, and welfare of the citizens and employees of the City; nor shall the City be estopped from enforcing the terms of this Agreement for any reason. 11. Invalidation of any of provisions of this Agreement by judgment of a court shall not affect any of the other provisions, which shall remain in full force and effect. 12. The undersigned confirms that they are the authorized representative(s) of the Applicant, are authorized to enter this Agreement, and have authority to bind the Applicant. As Release, Hold Hannless, and Indemnification Page 5 of & applicable, the most recent Sunbiz and a duly adopted Resolution from the Applicant entity is attached hereto. 13. This Agreement may be executed in any number of counterparts, each of which so executed shall be deemed to be an original, and such counterparts shall together constitute but one and the same Agreement. The parties shall be entitled to sign and transmit an electronic signature of this Agreement (whether by facsimile, PDF or other email transmission), which signature shall be binding and have the same effect as original signatures. [Signature pages follow] This space intentionally left blank Release, Hold Hanniess, and Indemnification Page 6 of 8 IN WITNESS WHEREOF, the Applicant has caused these presents to be executed and signed in its name by its proper officer on the day set forth above. Sun King, LLC (Name okApplicant) a Delwv% limited liaVity comT (Type of Cqny ory(ndividual) By: 1ek".1 \ — (Signature) \ NOV Craig RobinNN (Name of Person Authorized to Sign) as President of Miami Design District Associates Manager, LLC, a Delaware limited liability company, its Manager (Title) STATE OF Florida )SS COUNTY OF Miami -Dade ) The foregoing instrument was acknowledge before me bs mea s of V/ physical online notarization, this day of CM 2, presence OR L, 20 ')n by Craig Robins" a as 4A0 of Personally Known or Produced Identification Type of Identification Produced 11 /1 - A I YARITZED RODRIGUEZ MY COMMISSION# GG 29141111 EXPIRES: February 7,2023 OBotided 7twu got ary Pubk ri YJ P-A' WA - FA9 'Fm=7 V.] ANN My Commission Exp ires: tX6 1)) 11 lx.-/'L **as President of Miami Design District Associates Manager, LLC, a Delaware limited liability company, its Manager Release, Hold Harmless, and Indemnification Page 7 ofS CITY OF MIAMI, a municipal corporation of the State of Florida By: Arthur Noriega, V City Manager ATTESTED: By: Todd B. Hannon City Clerk APPROVED AS TO LEGAL FORM A+1D COZZEC'-#iOESS: Victoria M6ndez, City Attorney Release, Hold HannIess, and Indemnification Page 8 of8 RELEASE, HOLD HARMLESS, AND INDEMNIFICATION AGREEMENT THIS RELEASE, HOLD HARMLESS, AND INDEMNIFICATION AGREEMENT ("Agreement"), is made and entered into this . 6 day of November , 20 20, by Tiny Dancer Acquisitions, LLC, a Delaware limited liability company, ("Applicant") to the City of Miami, Florida, a municipal corporation of the State of Florida, in the County of Miami -Dade ("City"); and WHEREAS, the Applicant Amendments to the Miami Design Plan; and has applied to the city for District Retail Street Special Area WHEREAS, the Applicant's Request(s) require(s) one or more Proceedings (as hereinafter defined); and WHEREAS, the City has been holding virtual public meetings due to the Novel Coronavirus ("COVID-1 9") pandemic pursuant to the Governor's Executive Order Number 20- 69, as extended by Executive Orders 20-112 and 20-139, which suspends any statutory requirement that physical quorum be present in order to hold a public meeting and permits local governments to use communications media technology to hold public meetings; and WHEREAS, Miami -Dade County ("County") has issued several Emergency Orders associated with the COVID-19 pandemic, including Emergency Order 10-20 which provides that no group of 10 or more individuals shall gather on a public street, alley, public sidewalk, or government facility open to the public in the County, with some exceptions; and WHEREAS, the City Commission adopted Ordinance No. 13903 on May 28,2020, which, inter alia, modified the requirements regarding the swearing in of parties and participants for any Release, Hold Harmless, and Indemnification Page 1 0178 planning and zoning items and quasi-judicial hearings, including all appeals from both, (collectively, "Proceedings") during the COVID- 19 pandemic; and WHEREAS, Ordinance No. 13903 temporarily suspends any requirement of members of the general public who are not parties to be sworn in and temporarily allows parties to appear virtually and make arrangements to be sworn in by oath or affirmation in -person at their location by an individual qualified to perform such duty or be physically present at City Hall to be sworn in by oath or affirmation by the City Clerk; and WHEREAS, all physical proceedings will include certain social distancing requirements, screenings, and protective measures consistent with the all Federal, State, and Local Emergency Orders, Executive Orders, and guidelines in order to protect the health, safety, and welfare of the employees and residents of the City; and WHEREAS, the Applicant still wishes to proceed with the virtual Proceedings as described herein on its Request(s) at their own risk; and WHEREAS, the City requires the execution of this Agreement as a condition precedent to move forward with virtual Proceedings on the Request(s); NOW, THEREFORE, in consideration of the City allowing the Applicant to move forward with the virtual Proceedings on the Request(s), subject to the terms and conditions set forth herein, and in further consideration of these premises, the Applicant does hereby agree as follows: 1. The Applicant acknowledges that the foregoing recitals are true and correct and are incorporated herein by reference as if fully set forth in this Section. 2. The Applicant understands that they have the option to wait until the COVID-19 pandemic ends to proceed with the Proceedings required for the Applicant's Request(s). Release, Hold Hannless, and Indemnification Page 2 of8 Notwithstanding this option, the Applicant has requested to move forward with its Request(s) 3. The Applicant acknowledges and agrees that if they proceed with their Request(s) without delay, the City will hold virtual Proceedings on the Applicant's Request pursuant to the Governor's Executive Order and Ordinance No. 13903 as described above, with the Applicant, the Applicant's representative(s), and all those that intend to testify required to make arrangements to be sworn in by oath or affirmation in -person at their off -site location by an individual qualified to perform such duty or to coordinate with the City to be sworn in at City Hall. 4. The Applicant also acknowledges that per Ordinance No. 13903, the general public will not be required to physically appear at the Proceedings' location to be sworn by oath or affirmation, but will have several different avenues for public comment, which may include prerecorded phone and video submission, an online public comment form, and preregistration for a live call back during the meeting. 5. The Applicant, for themselves, their heirs, grantees, personal representatives, successors, and assigns, expressly and unequivocally agrees to release, waive, forever discharge, and covenant not to sue the City, and its officers, officials, directors, employees, personnel, volunteers, agents, assigns, successors, representatives, attorneys, contractors, and all other persons, entities, organizations, instrumentalities, and corporations affiliated therewith (collectively, "Released Parties") from any and all claims, demands, suits, causes of action (including by way of illustration and not limitation, actions to challenge, set aside, or void any proceeding or entitlement; actions to assert any constitutional, due process, or property rights claims or violations; any actions or claims for loss, injury, loss of life), appeals, administrative appeals, damages, losses, liabilities, costs, and expenses (including, without limitation, court costs Release, Hold Hannless, and Indemntlication Page 3 of a and attorney's fees, at all levels of proceedings [administrative, trial, and appellate levels] for any and all defense, investigation, or processing thereof whatsoever), judgments, orders, decrees, and settlements in any way based on, arising from, relating to, incidental to, or connected to, directly or indirectly, in whole or in part, any one or more of the following enumerated matters (collectively, "Released Matters"): (i) this Agreement; (ii) the virtual Proceedings on Applicant's Request(s), including, without limitation, the City's procedures found in Ordinance No. 13903, the swearing -in procedures, the public comment procedures, the scheduling procedures, and all other aspects involving the virtual Proceedings and the City's procedures thereon (including, without limitation, any due process claim(s), claim(s) of defective notice, or any other claim(s) arising from the format, legal sufficiency, or technological specifications of the virtual Proceedings or communications media technology used to conduct the virtual Proceedings; (iii) the City's use of communications media technology and inability of the City to conduct an in -person meeting while social distancing guidelines remain in place; or (iv) any and all third -party claim(s), challenge(s), appeal(s), or other proceeding(s) arising from any of the matters described in this Section, in whole or in part. 6. Applicant hereby agrees to defend, indemnify, and hold harmless the Released Parties against any and all claims, demands, suits, causes of action (including by way of illustration and not limitation, actions to challenge, set aside, or void any proceeding or entitlement; actions to assert any constitutional, due process, or property rights claims or violations; any actions or claims for loss, injury, loss of life), appeals, administrative appeals, damages, losses, liabilities, costs, and expenses (including, without limitation, court costs and attorney's fees, at all levels of proceedings [administrative, trial, and appellate levels] for any and all defense, investigation, or processing thereof whatsoever), judgments, orders, decrees, and settlements in any way based on, arising Release, Hold Harmless, and Indemnification Page 4 ofS from, relating to, incidental to, or connected to, directly or indirectly, in whole or in part, any of 7. Nothing herein is intended to waive or deprive Applicant of its right to appeal a determination of the body for reasons wholly unrelated to, and not at all associated with, the virtual nature of the Proceedings, to the extent such a right to appeal exists. 8. The Applicant is voluntarily executing this Agreement and has not been pressured, forced, threatened, or coerced to execute this Agreement or to proceed with the virtual Proceedings required for the Applicant's Request(s). The Applicant understands that they have a right to consult with an attorney before signing this Agreement and have either consulted with an attorney or knowingly and voluntarily decided not to consult with an attorney. The Applicant is not under the influence of any drugs, alcohol, medication, any other narcotic or have any mental illness that might tend to affect the ability to knowingly enter into this Agreement and move forward with the Proceedings. 9. The Applicant has read and understand(s) the terms of this Agreement. 10. The Applicant acknowledges and agrees that nothing in this Agreement shall prejudice the City's right to impose protections pursuant to State, County, City, or any other agency orders, regulations, guidelines, resolutions, and ordinances otherwise necessary to ensure the public health, safety, and welfare of the citizens and employees of the City; nor shall the City be estopped from enforcing the terms of this Agreement for any reason. 11. Invalidation of any of provisions of this Agreement by judgment of a court shall not affect any of the other provisions, which shall remain in full force and effect. 12. The undersigned confirms that they are the authorized representative(s) of the Applicant, are authorized to enter this Agreement, and have authority to bind the Applicant. As Release, Hold Hannless, and Indemnificanon Page 5 of8 applicable, the most recent Sunbiz and a duly adopted Resolution from the Applicant entity is attached hereto. 13. This Agreement may be executed in any number of counterparts, each of which so executed shall be deemed to be an original, and such counterparts shall together constitute but one and the same Agreement. The parties shall be entitled to sign and transmit an electronic signature of this Agreement (whether by facsimile, PDF or other email transmission), which signature shall be binding and have the same effect as original signatures. [Signature pages follow] This space intentionally left blank Release, Hold Hannless, and Indemnificanon Page 6 of 8 IN WITNESS WHEREOF, the Applicant has caused these presents to be executed and signed in its name by its proper officer on the day set forth above. Tiny Dancer Acquisitions, LLC (Name g Applicant) a 9 (Name of Person Authorized to Sign) as President of MDDA Stardust Manager, LLC, a Delaware limited liability company, its Manager (Title) STATE OF Florida )SS COUNTY OF Miami -Dade ) Z The foregoing instrument was acknowled ed before me bb mean of �3 — ph sical presence OR online notarization, thisday of G-tz-19r, 20by Craig Robins" a as of . Personally Known V or Produced Identification Type of Identification Produced . -1 J - pr�i it ol-Ir §ta�n3 Narne': \�a V, YAP trw ROMMEZ Nlry Public, State of-;t] UY COMMM 0 OG 210011 9d Commission No.: 616, 2-01 R (Arl no ?3ftY PUbk -111AN My Commission Expires: **as President of MDDA Stardust Manager, LLC, a Delaware limited liability company. its Manager Release, Hold Hannlcss, and Indemnification Page 7 ofg CITY OF MIAMI, a municipal corporation of the State of Florida By: Arthur Noriega, V City Manager ATTESTED: By: Todd B. Hannon City Clerk APPROVED AS TO LEGAL FORM AND CORRECTNESS: Victoria Mdndez, City Attorney Release, Hold Harmless, and Indemnification Page 8 ofS THIS RELEASE, HOLD HARMLESS, AND INDEMNIFICATION AGREEMENT ("Agreement"), is made and entered into this 6 day of November , 20 20, by Uptown Girl Development LLC, a Delaware limited liability company, ("Applicant") to the City of Miami, Florida, a municipal corporation of the State of Florida, in the County of Miami -Dade ("City"); and WHEREAS, the Applicant Amendments to the Miami Design Plan; and has applied to the city for District Retail Street Special Area WHEREAS, the Applicant's Request(s) require(s) one or more Proceedings (as hereinafter defined); and WHEREAS, the City has been holding virtual public meetings due to the Novel Coronavirus ("COVID- 19") pandemic pursuant to the Governor's Executive Order Number 20- 69, as extended by Executive Orders 20-112 and 20-139, which suspends any statutory requirement that physical quorum be present in order to hold a public meeting and permits local governments to use communications media technology to hold public meetings; and WHEREAS, Miami -Dade County ("County") has issued several Emergency Orders associated with the COVID-I 9 pandemic, including Emergency Order 10-20 which provides that no group of 10 or more individuals shall gather on a public street, alley, public sidewalk. or government facility open to the public in the County, with some exceptions; and WHEREAS, the City Commission adopted Ordinance No. 13903 on May 28, 2020, which, inter alia, modified the requirements regarding the swearing in of parties and participants for any Release, Hold Harmless, and Indemnification Page I ofs planning and zoning items and quasi-judicial hearings, including all appeals from both, (collectively, "Proceedings") during the COVID- 19 pandemic; and WHEREAS, Ordinance No. 13903 temporarily suspends any requirement of members of the general public who are not parties to be sworn in and temporarily allows parties to appear virtually and make arrangements to be sworn in by oath or affirmation in -person at their location by an individual qualified to perform such duty or be physically present at City Hall to be sworn in by oath or affirmation by the City Clerk; and WHEREAS, all physical proceedings will include certain social distancing requirements, screenings, and protective measures consistent with the all Federal, State, and Local Emergency Orders, Executive Orders, and guidelines in order to protect the health, safety, and welfare of the employees and residents of the City; and WHEREAS, the Applicant still wishes to proceed with the virtual Proceedings as described herein on its Request(s) at their own risk; and WHEREAS, the City requires the execution of this Agreement as a condition precedent to move forward with virtual Proceedings on the Request(s); NOW, THEREFORE, in consideration of the City allowing the Applicant to move forward with the virtual Proceedings on the Request(s), subject to the terms and conditions set forth herein, and in further consideration of these premises, the Applicant does hereby agree as follows: 1. The Applicant acknowledges that the foregoing recitals are true and correct and are incorporated herein by reference as if fully set forth in this Section. 2. The Applicant understands that they have the option to wait until the COVID-19 pandemic ends to proceed with the Proceedings required for the Applicant's Request(s). Release, Hold Harmless, and Indemnification Page 2 ofg Notwithstanding this option, the Applicant has requested to move forward with its Request(s) without delay. 3. The Applicant acknowledges and agrees that if they proceed with their Request(s) without delay, the City will hold virtual Proceedings on the Applicant's Request pursuant to the Governor's Executive Order and Ordinance No. 13903 as described above, with the Applicant, the Applicant's representative(s), and all those that intend to testify required to make arrangements to be sworn in by oath or affirmation in -person at their off -site location by an individual qualified to perform such duty or to coordinate with the City to be sworn in at City Hall. 4. The Applicant also acknowledges that per Ordinance No. 13903, the general public will not be required to physically appear at the Proceedings' location to be sworn by oath or affirmation, but will have several different avenues for public comment, which may include prerecorded phone and video submission, an online public comment form, and preregistration for a live call back during the meeting. 5. The Applicant, for themselves, their heirs, grantees, personal representatives, successors, and assigns, expressly and unequivocally agrees to release, waive, forever discharge, and covenant not to sue the City, and its officers, officials, directors, employees, personnel, volunteers, agents, assigns, successors, representatives, attorneys, contractors, and all other persons, entities, organizations, instrumentalities, and corporations affiliated therewith (collectively, "Released Parties") from any and all claims, demands, suits, causes of action (including by way of illustration and not limitation, actions to challenge, set aside, or void any proceeding or entitlement; actions to assert any constitutional, due process, or property rights claims or violations; any actions or claims for loss, injury, loss of life), appeals, administrative appeals, damages, losses, liabilities, costs, and expenses (including, without limitation, court costs Release, Hold Harmless, and Indernnificatton Page 3 of 8 and attorney's fees, at all levels of proceedings [administrative, trial, and appellate levels] for any and all defense, investigation, or processing thereof whatsoever), judgments, orders, decrees, and settlements in any way based on, arising from, relating to, incidental to, or connected to, directly or indirectly, in whole or in part, any one or more of the following enumerated matters (collectively, "Released Matters"): (i) this Agreement; (ii) the virtual Proceedings on Applicant's Request(s), including, without limitation, the City's procedures found in Ordinance No. 13903, the swearing -in procedures, the public comment procedures, the scheduling procedures, and all other aspects involving the virtual Proceedings and the City's procedures thereon (including, without limitation, any due process claim(s), claim(s) of defective notice, or any other claim(s) arising from the format, legal sufficiency, or technological specifications of the virtual Proceedings or communications media technology used to conduct the virtual Proceedings; (iii) the City's use of communications media technology and inability of the City to conduct an in -person meeting while social distancing guidelines remain in place; or (iv) any and all third -party claim(s), challenge(s), appeal(s), or other proceeding(s) arising from any of the matters described in this Section, in whole or in part. 6. Applicant hereby agrees to defend, indemnify, and hold harmless the Released Parties against any and all claims, demands, suits, causes of action (including by way of illustration and not limitation, actions to challenge, set aside, or void any proceeding or entitlement; actions to assert any constitutional, due process, or property rights claims or violations; any actions or claims for loss, injury, loss of life), appeals, administrative appeals, damages, losses, liabilities, costs, and expenses (including, without limitation, court costs and attorney's fees, at all levels of proceedings [administrative, trial, and appellate levels] for any and all defense, investigation, or processing thereof whatsoever), judgments, orders, decrees, and settlements in any way based on, arising Release, Hold Harmless, and Indemnification Page 4 of 8 from, relating to, incidental to, or connected to, directly or indirectly, in whole or in part, any of 7. Nothing herein is intended to waive or deprive Applicant of its right to appeal a determination of the body for reasons wholly unrelated to, and not at all associated with, the virtual nature of the Proceedings, to the extent such a right to appeal exists. 8. The Applicant is voluntarily executing this Agreement and has not been pressured, forced, threatened, or coerced to execute this Agreement or to proceed with the virtual Proceedings required for the Applicant's Request(s). The Applicant understands that they have a right to consult with an attorney before signing this Agreement and have either consulted with an attorney or knowingly and voluntarily decided not to consult with an attorney. The Applicant is not under the influence of any drugs, alcohol, medication, any other narcotic or have any mental illness that might tend to affect the ability to knowingly enter into this Agreement and move forward with the Proceedings. 9. The Applicant has read and understand(s) the terms of this Agreement. 10. The Applicant acknowledges and agrees that nothing in this Agreement shall prejudice the City's right to impose protections pursuant to State, County, City, or any other agency orders, regulations, guidelines, resolutions, and ordinances otherwise necessary to ensure the public health, safety, and welfare of the citizens and employees of the City; nor shall the City be estopped from enforcing the terms of this Agreement for any reason. 11. Invalidation of any of provisions of this Agreement by judgment of a court shall not affect any of the other provisions, which shall remain in full force and effect. 12. The undersigned confirms that they are the authorized representative(s) of the Applicant, are authorized to enter this Agreement, and have authority to bind the Applicant. As Release, Hold Harmless, and Indemnification Page 5 Of8 applicable, the most recent Sunbiz and a duly adopted Resolution from the Applicant entity is attached hereto. 13. This Agreement may be executed in any number of counterparts, each of which so executed shall be deemed to be an original, and such counterparts shall together constitute but one and the same Agreement. The parties shall be entitled to sign and transmit an electronic signature of this Agreement (whether by facsimile, PDF or other email transmission), which signature shall be binding and have the same effect as original signatures. [Signature pages follow] This space intentionally left blank Release, Hold Hannless, and Indemnification Page 6 of& IN WITNESS WHEREOF, the Applicant has caused these presents to be executed and signed in its name by its proper officer on the day set forth above. Uptown Girl Development LLC (Name of Applicant) a ...Delaware 1%ited liability com (Type of Comy or IndividV By: (Signature) Craig Robins ) \V (Name of Person AuthlWized to Sign) as President of MDDA Stardust Manager, LLC, a Delaware limited liability company, its Manager (Title) STATE OF Florida )SS COUNTY OF Miami -Dade ) The foregoing instrument was acknowled ed before me by ipeans of .1� h s*cal presence OR online notarization, this day of aj�D&PK —,20%, 'by Craig Robins" a as of Personally Known or Produced Identification Type of Identification Produced 41 - Pri t or Stamp Name: YARrrZM R01MIGUEZ N, tary Public, State of WEVC0MM1SS10FebnNa#GG22023 W1 a nimission No.: 67. 7 q Al ua IRES: q 7, "VFRP`,W4WTt,U My Commission Expires:7 **as President of MDDA Stardust Manager, LLC, a Delaware limited liability company, its Manager Release, Hold Harmless, and Indemnification Page 7 of& CITY OF MIAMI, a municipal corporation of the State of Florida By: Arthur Noriega, V City Manager ATTESTED: By: Todd B. Hannon City Clerk APPROVED AS TO LEGAL FORM AN* CORRECTNESS: Victoria M6ndez, City Attorney Release, Hold Hanntess, and Indemnification Page 8 of CERTIFICATE OF NORWEGIAN WOOD ACQUISITIONS LLC AND POWER OF ATTORNEY The undersigned, the President and Vice President of MDDA Sweet Bird Manager LLC, a limited liability company organized and existing under the laws of the State of Delaware, do hereby certify as follows: 1. The management of Norwegian Wood Acquisitions LLC, a Delaware limited liability company (the "Company" ), is vested in MDDA Sweet Bird Manager LLC, a Delaware limited liability company (the "Manager"). 2. The persons named below have been duly elected, have been qualified, and at all times have acted, as officers of the Manager, holding the respective offices below set opposite their names. Name Office Craig Robins President Steven Gretenstein Vice President 3. Each of the President and/or Vice President of the Manager, without the execution or joinder of the other or any other party, has the full power and authority to execute amendments and consents to amendments of that certain Third Amended and Restated Development Agreement and any and all documents related thereto, including without limitation, any amendments to the Regulating Plan and Concept Plan, as well as the Power of Attorney in favor of Neisen O. Kasdin and Marissa Amuial of Akerman LLP attached hereto as Exhibit A", and any and all agreements, instruments, certificates or documents necessary to consummate or effectuate all in the name, and on behalf, of the Manager, in its capacity, as Manager, in the name of and on behalf of the Company. 4. All documents, agreements and instruments previously executed and delivered, and any and all actions previously taken by any such officer in the name of the Manager on behalf of the Company in connection with or related to the matters set forth herein, is, adopted, ratified, confirmed and approved in all respects and for all purposes as the acts and deeds of the Company. 5. This Certificate may be executed in multiple counterparts, each of which shall be an original but all of which together shall constitute but one and the same agreement and that this document may be executed by facsimile or e-mail "pdf' copy and such signatures shall be treated as originals for all purposes. 6. This Certificate may be relied upon by the City of Miami and/or other governmental authorities. Le/mdda/sap/certificate of Norwegian wood 2020. IN WITNESS WHEREON, I have hereunto set in�har 4 this 10 day of June, S-WVEN GRETENSTEIN CRAIG ROBIN STATE OF FLORIDA ) ) SS: COUNTY OF MIAMI-DADE ) The foregoing Certificate was acknowledged before me by physical presence or on-line notarization this D day of June, 2020 by Steven Gretenstein, Vice President of MDDA Sweet Bird Manager LLC, a Delaware limited liability company, on behalf of that company in its capacity as the Manager of Norwegian Wood Acquisitions LLC, a Delaware limited liability company, on behalf of that company. He is personal known to YAwrM RODRKM MY COMMISSIM OG 29M Q4 EXPIRES: Febrwy 7, 2M '�';of rv°•`•lBadeQiTrullofarypu6icllwderetMa STATE OF FLORIDA ) ) SS: COUNTY OF MIAMI-DADE ) �+ r NOi I Y PU IC Print Name: 11 My commissio expires: The foregoing Certificate was acknowledged before me by V physical presence or on-line notarization this day of June, 2020 by Craig Robins, President of MDDA Sweet Bird Manager LLC, a Delaware limited liability company, on behalf of that company in its capacity as the Manager of Norwegian Wood Acquisitions LLC, a Del.. ware limited liability company, n behalf of that company. He is personally known to me. J 4 ,/`� YARITZED WEZ 00 V U U u~ MYCOMMRSSM#GG2M1 NOTA PUBLIC Yl EXPIRES: Febmy 7 2W .�eadean"r�amywbkunae offs Print N e: My co Zission expires: /1 Wav/ I EXHIBIT A Power of Attorney POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, that Norwegian Wood Acquisitions LLC, a Delaware limited liability company, has made, constituted and appointed, and by these presents do make, constitute and appoint NEISEN O. KASDIN and MARISSA AMUTAL, of Akerman LLP, as its true and lawful attorneys in its stead to execute all documents and instruments required with respect to applications for a Special Area Plan and Rezoning under the requirements of the City of Miami Code of Ordinances and Miami 21 zoning code, submitted to the Office of Hearing Boards, for the Miami Design District Retail Street Special Area Plan in Miami, Florida, giving and granting unto NEISEN O. KASDIN and MARISSA AMUTAL its said attorneys, full power and authority to do and perform all and every act and thing whatsoever requisite and necessary to be done with respect to the application as fully, to all intents and purposes, as he might or could do if personally present, with full power of substitution and revocation, hereby ratifying and confirming all that said attorney or his substitute shall lawfully do or cause to be done by virtue hereof. IN WITNESS WHEREOF, I have hereunto set my/our hand(s) and seal(s) this 10 day of June, 2020. Signed and delivered in the presence of: Witness Signature C/ Witness Name nhD-A ObCAUO-) Witness Signature R 1110-0 A IO'dSd Witness Name NOR71by N O ACQUISITIONS LLCwe BirdManager LLC, its - bVE4 c16 sj�/ Print Name STATE OF FLORIDA ) ) SS: COUNTY OF MIAMI-DARE ) The foregoing Certificate was acknowledged before me by physical presence or on-line notarization this ID day of June, 2020 by Steven Gretenstein, Vice President of MDDA Sweet Bird Manager LLC, a Delaware limited liability company, on behalf of that company in its capacity as the Manager of Norwegian Wood Acquisitions LLC, a Delaware limited liability company, on behalf of that company. He is personally known to me. aw��h o - o NOTARY PU,LIC Print Name: I-1 I f C f A A) w S O My commission expires: ALICIA ALO"o # GG087791 += My COMMISSION EXPIRES Aptll 1"()21 CERTIFICATE OF OAK PLAZA ASSOCIATES (DEL.) LLC AND POWER OF ATTORNEY The undersigned, the President and Vice President of Miami Design District Associates Manager, LLC, a limited liability company organized and existing under the laws of the State of Delaware, do hereby certify as follows: 1. The management of Oak Plaza Associates (Del.) LLC, a Delaware limited liability company (the "Company"), is vested in Miami Design District Associates Manager, LLC, a Delaware limited liability company (the "Manager"). 2. The persons named below have been duly elected, have been qualified, and at all times have acted, as officers of the Manager, holding the respective offices below set opposite their names. Name Office Craig Robins President Steven Gretenstein Vice President 3. Each of the President and/or Vice President of the Manager, without the execution or joinder of the other or any other party, has the full power and authority to execute amendments and consents to amendments of that certain Amended and Restated Development Agreement and any and all documents related thereto, including without limitation, any amendments to the Regulating Plan and Concept Plan, as well as the Power of Attorney in favor of Neisen 0. Kasdin and Marissa Amuial of Akerman LLP attached hereto as Exhibit A", and any and all agreements, instruments, certificates or documents necessary to consummate or effectuate all in the name, and on behalf, of the Manager, in its capacity, as Manager, in the name of and on behalf of the Company. 4. All documents, agreements and instruments previously executed and delivered, and any and all actions previously taken by any such officer in the name of the Manager on behalf of the Company in connection with or related to the matters set forth herein, is, adopted, ratified, confirmed and approved in all respects and for all purposes as the acts and deeds of the Company. 5. This Certificate may be executed in multiple counterparts, each of which shall be an original but all of which together shall constitute but one and the same agreement and that this document may be executed by facsimile or e-mail "pdf ' copy and such signatures shall be treated as originals for all purposes. 6. This Certificate may be relied upon by the City of Miami and/or other governmental authorities. certificate of oak plaza IN WITNESS WHEREON, I have here m A R e , 2020. 0 STATE OF FLORIDA ) ) SS: COUNTY OF MIAMI-DADE ) The foregoing Certificate was acknowledged before me by " physical presence or on-line notarization this V'_ day of AQ 14 , 2020 by Steven Gretenstein, Vice President of Miami Design District Associates Manager, LLC, a Delaware limited liability company, on behalf of that company in its capacity as the Manager of Oak Plaza Associates (Del.) LLC, a Delaware limited liability company, on behalf of that company. He is personally known to me. aim—W alwo NOTARY PUBLIC Print Name: My commission expires: ALICIA ALONSO MY COMMISSION # GG087791 STATE OF FLORIDA EXPIRES April 18, 2021 SS: COUNTY OF MIAMI-DADE ) The foregoing Certificate was acknowledged before me by `/ physical presence or on-line notarization this IS day of MAP C, 2020 by Craig Robins, President of Miami Design District Associates Manager, LLC, a Delaware limited liability company, on behalf of that company in its capacity as the Manager of Oak Plaza Associates (Del.) LLC, a Delaware limited liability company, on behalf of that company. He is personally known to me. WkLb Q090- NOTARY PUBLIC Print Name: My commission expires: o;;YP� • ALICIA AL ONSO MY COMMISSION # GG087791 '�; EXPIRESAprI118,2021 EXHIBIT A Power of Attorney POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, that Oak Plaza Associates (Del.) LLC, a Delaware limited liability company, has made, constituted and appointed, and by these presents do make, constitute and appoint NEISEN O. KASDIN and MARISSA AMUTAL, of Akerman LLP, as its true and lawful attorneys in its stead to execute all documents and instruments required with respect to applications for a Special Area Plan and Rezoning under the requirements of the City of Miami Code of Ordinances and Miami 21 zoning code, submitted to the Office of Hearing Boards, for the Miami Design District Retail Street Special Area Plan in Miami, Florida, giving and granting unto NEISEN O. KASDIN and MARISSA AMUTAL its said attorneys, full power and authority to do and perform all and every act and thing whatsoever requisite and necessary to be done with respect to the application as fully, to all intents and purposes, as he might or could do if personally present, with full power of substitution and revocation, hereby ratifying and confirming all that said attorney or his substitute shall lawfully do or cause to be done by virtue hereof. IN W TNESS WHEREOF, I have hereunto set my/our hand(s) and seal(s) this �- day of m Ali e , 2020. Signed and delivered in the presence of: L� Witness Signature , �N C\(\- ( Witness Name 01 Witness Signature PIiti'A A )vms6 Witness Name F A ASSOCIATES (DEL.) LLC, I IGN DISTRICT ' ES MANAGER, LLC, its igna e UVEtiI 1--112E {�uSt� iaf Print Name STATE OF FLORIDA ) ) SS: COUNTY OF MIAMI-DADE 1 The foregoing Certificate was acknowledged before me by ✓ physical presence or _--on-line notarization this QT day of DAP , 2020 by Steven Gretenstein, Vice President of Miami Design District Associates Manager, LLC, a Delaware limited liability company, on behalf of that company in its capacity as the Manager of Oak Plaza Associates (Del.) LLC, a Delaware limited liability company, on behalf of that company. He is personally known to me. NOTARY PUBLIC Print Name: My commission expires: ;�6u•.. ALICIA ALONSO Ai - MY COMMISSION # GG087791 '�+EXPIRES APOI 18.2021 CERTIFICATE OF JUNGLE PLAZA LLC AND POWER OF ATTORNEY The undersigned, the President and Vice President of Miami Design District Associates Manager, LLC, a limited liability company organized and existing under the laws of the State of Delaware, do hereby certify as follows: 1. The management of Jungle Plaza LLC, a Delaware limited liability company (the "Company"), is vested in Miami Design District Associates Manager, LLC, a Delaware limited liability company (the "Manager"). 2. The persons named below have been duly elected, have been qualified, and at all times have acted, as officers of the Manager, holding the respective offices below set opposite their names. Name Office Craig Robins President Steven Gretenstein Vice President 3. Each of the President and/or Vice President of the Manager, without the execution or joinder of the other or any other party, has the full power and authority to execute amendments and consents to amendments of that certain Amended and Restated Development Agreement and any and all documents related thereto, including without limitation, any amendments to the Regulating Plan and Concept Plan, as well as the Power of Attorney in favor of Neisen O. Kasdin and Marissa Amuial of Akerman LLP attached hereto as Exhibit A", and any and all agreements, instruments, certificates or documents necessary to consummate or effectuate all in the name, and on behalf, of the Manager, in its capacity, as Manager, in the name of and on behalf of the Company. 4. All documents, agreements and instruments previously executed and delivered, and any and all actions previously taken by any such officer in the name of the Manager on behalf of the Company in connection with or related to the matters set forth herein, is, adopted, ratified, confirmed and approved in all respects and for all purposes as the acts and deeds of the Company. 5. This Certificate may be executed in multiple counterparts, each of which shall be an original but all of which together shall constitute but one and the same agreement and that this document may be executed by facsimile or e-mail "pdf' copy and such signatures shall be treated as originals for all purposes. 6. This Certificate may be relied upon by the City of Miami and/or other governmental authorities. certificate d jungle plaza IN WITNESS WHEREON, I have hereunto set m 2020. f this to day of June, SS: I/ The foregoing Certificate \� as acknowledged before me by physical presence or on-line notarization this f] day of June, 2020 by Steven Gretenstein, Vice President of Miami Design District Associate; -Manager, LLC, a Delaware limited liability company, on behalf of that company in its capacity as the Manager of Jungle Plaza. LLC, a Delaware limited liability company, on behalf of that company. He is personally knowrypo me. 'i @i:": YARIRER RODMEZ MY COMMISSION # GG 22MI EXPIRES; February 7. 2023 •�'.FqP �p �i Theo WZY PIM STATE OF FLORIDA COUNTY OF MIAMI-DADE STATE OF FLORIDA COUNTY OF MIAMI-DADE TARY PU01 I� Print Name: V _ My commiss' n expires: SS: The foregoing Certificatq was acknowledged before me by 1 physical presence or on-line notarization this day of June, 2020 by Craig Robins, President of Miami Design District Associates Manager, LLC, a Delaware limited liability company, on behalf of that company in its capacity as the Manager of Jungle Plaza. LLC, a Delaware limited liability company, on behalf of that company. He is personally known to me. /I /*-I -r., `""' -- YID R � NOT i RY PUBLIC n l l � 41 MY COMMISSION # GG SIM Print Name: (� Y hid Y 1 -« EXPIRES February 7,2M •�e«�aaaTtruNotaryP„&�„�r, My commission expires: 01)OT � �1 pW EXHIBIT A Power of Attorney POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, that Jungle Plaza LLC, a Delaware limited liability company, has made, constituted and appointed, and by these presents do make, constitute and appoint NEISEN O. KASDIN and MARISSA AMUTAL, of Akennan LLP, as its true and lawful attorneys in its stead to execute all documents and instruments required with respect to applications for a Special Area Plan and Rezoning under the requirements of the City of Miami Code of Ordinances and Miami 21 zoning code, submitted to the Office of Hearing Boards, for the Miami Design District Retail Street Special Area Plan in Miami, Florida, giving and granting unto NEISEN O. KASDIN and MARISSA AMUTAL its said attorneys, full power and authority to do and perform all and every act and thing whatsoever requisite and necessary to be done with respect to the application as fully, to all intents and purposes, as he might or could do if personally present, with full power of substitution and revocation, hereby ratifying and confirming all that said attorney or his substitute shall lawfully do or cause to be done by virtue hereof. IN WITNESS WHEREOF, I have hereunto set my/our hand(s) and seal(s) this 10 day of June, 2020. Signed and delivered in the presence of. Witness Signature Witness Name Witness Signature A )1'0—IA A ID,;Iso Witness Name 2G Zj MI ESI ASS CIA ISA Print Name .C, DISTRICT LLC, its STATE OF FLORIDA ) ) SS: COUNTY OF MIAMI-DADE ) The foregoing Certificate was acknowledged before me by physical presence or on-line notarization this day of June, 2020 by Steven Gretenstein, Vice President of Miami Design District Associates Manager, LLC, a Delaware limited liability company, on behalf of that company in its capacity as the Manager of Jungle Plaza LLC, a Delaware limited liability company, on behalf of that company. He is personally known to me. dku�.n 0W e) NOTARY PU LIC Print Name: l i C m W Omso My commission expires: ALICIA ALONSO i�4r Pu�i' MY COMMISSION # GG087791 ;J EXPIRES April 18, 2021 CERTIFICATE OF 4200 ASSOCIATES LLC AND POWER OF ATTORNEY The undersigned, the President and Vice President of Miami Design District Associates Manager, LLC, a limited liability company organized and existing under the laws of the State of Delaware, do hereby certify as follows: 1. The management of 4200 Associates LLC, a Delaware limited liability company (the "Company"), is vested in Miami Design District Associates Manager, LLC, a Delaware limited liability company (the "Manager"). 2. The persons named below have been duly elected, have been qualified, and at all times have acted, as officers of the Manager, holding the respective offices below set opposite their names. Name Office Craig Robins President Steven Gretenstein Vice President 3. Each of the President and/or Vice President of the Manager, without the execution or joinder of the other or any other party, has the full power and authority to execute amendments and consents to amendments of that certain Amended and Restated Development Agreement and any and all documents related thereto, including without limitation, any amendments to the Regulating Plan and Concept Plan, as well as the Power of Attorney in favor of Neisen O. Kasdin and Marissa Amuial of Akerman LLP attached hereto as Exhibit A", and any and all agreements, instruments, certificates or documents necessary to consummate or effectuate all in the name, and on behalf, of the Manager, in its capacity, as Manager, in the name of and on behalf of the Company. 4. All documents, agreements and instruments previously executed and delivered, and any and all actions previously taken by any such officer in the name of the Manager on behalf of the Company in connection with or related to the matters set forth herein, is, adopted, ratified, confirmed and approved in all respects and for all purposes as the acts and deeds of the Company. 5. This Certificate may be executed in multiple counterparts, each of which shall be an original but all of which together shall constitute but one and the same agreement and that this document may be executed by facsimile or e-mail "pdf' copy and such signatures shall be treated as originals for all purposes. 6. This Certificate may be relied upon by the City of Miami and/or other governmental authorities, certificate of 4200 2020. IN WITNESS WHEREON, I have hereunto set TE this i —b day of June, GXU—CNSTEIN CRAIG ROBINS STATE OF FLORIDA ) ) SS: COUNTY OF MIAMI-DADE ) The foregoing Certificate was acknowledged before me b physical presence or g g rn g Y p Y on-line notarization this -L day of June, 2020 by Steven Gretenstein, Vice President of Miami Design District Associates Manager, LLC, a Delaware limited liability company, on behalf of that company in its capacity as the Manager of 4200 Associates LLC,, a Delaware limited liability company, on behalf of that company. He is personally laic}w to me. // 4 YARnM RODRIGUEZ MY COMMISSION # GG 2MI EXPIRES: February 7, 2023 lkY 1 F,odF�e. 'i gouda ihru NWq ftk Underw kM Print Name: My commis STATE OF FLORIDA ) SS. COUNTY OF MIAMI-DADE C . expires: 6 ki The foregoing Certificate was acknowledged before me by physical presence or g on-line notarization this 10 day of June, 2020 by Craig Robins, President of Miami Design District Associates Manager, LLC, a Delaware limited liability company, on behalf of that company in its capacity as the Manager of 4200 Associates LLC, a Delaware limited liability company, on behalf of that company. He is personally known to me. 17A YA •'_)DRIGUEZ MY CG'" ., c = N # GG 29W1 '• 8� EXP RES. .-:�ruary7 2423 �C PVPubkUrAwwrItm NOTARYTBLIC Print N�I� My commission expires: EXHIBIT A Power of Attorney POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, that 4200 Associates LLC, a Delaware limited liability company, has made, constituted and appointed, and by these presents do make,. constitute and appoint NEISEN O. KASDIN and MARISSA AMUTAL, of Akerman LLP, as its true and lawful attorneys in its stead to execute all documents and instruments required with respect to applications for a Special Area Plan and Rezoning under the requirements of the City of Miami Code of Ordinances and Miami 21 zoning code, submitted to the Office of Hearing Boards, for the Miami Design District Retail Street Special Area Plan in Miami, Florida, giving and granting unto NEISEN O. KASDIN and MARISSA AMUTAL its said attorneys, full power and authority to do and perform all and every act and thing whatsoever requisite and necessary to be done with respect to the application as fully, to all intents and purposes, as he might or could do if personally present, with full power of substitution and revocation, hereby ratifying and confirming all that said attorney or his substitute shall lawfully do or cause to be done by virtue hereof. IN WITNESS WHEREOF, I have hereunto set my/our hand(s) and seal(s) this ID day of June, 2020. Signed and delivered in the presence of. Aoel&7 Witness Signature ajbcr6f '.� Witness Name (I Dmjo Witness Signature A 1l'C+ A P 6o so Witness Name 4200 ASSOCIATES by MIA* D SIGN DISTRICT ASSO T S MA$AGER, LLC, its S�E BEN I.IFEIt/� E)� Print Name STATE OF FLORIDA ) ) SS: COUNTY OF MIAMI-DADE ) The foregoing Certificate was acknowledged before me by physical presence or on-line notarization this ) D day of June, 2020 by Steven Gretenstein, Vice President of Miami Design District Associates Manager, LLC, a Delaware limited liability company, on behalf of that company in its capacity as the Manager of 4200 Associates LLC, a Delaware limited liability company, on behalf of that company. He is personally known to me. 0ah -A Q�o NOTARY PUIC Print Name: i L-11a � 1 18 b My commission expires: ALIClA AL ONSo '= MY COMMISSION e GG087791 + 1� EXPIRES April 18. 2021 Z OFfl CERTIFICATE OF PARADISE PLAZA ASSOCIATES LLC AND POWER OF ATTORNEY The undersigned, the President and Vice President of Miami Design District Associates Manager, LLC, a limited liability company organized and existing under the laws of the State of Delaware, do hereby certify as follows: 1. The management of Paradise Plaza Associates LLC, a Delaware limited liability company (the "Company"), is vested in Miami Design District Associates Manager, LLC, a Delaware limited liability company (the "Manager"). 2. The persons named below have been duly elected, have been qualified, and at all times have acted, as officers of the Manager, holding the respective offices below set opposite their names. Name Office Craig Robins President Steven Gretenstein Vice President 3. Each of the President and/or Vice President of the Manager, without the execution or joinder of the other or any other party, has the full power and authority to execute amendments and consents to amendments of that certain Amended and Restated Development Agreement and any and all documents related thereto, including without limitation, any amendments to the Regulating Plan and Concept Plan, as well as the Power of Attorney in favor of Neisen O. Kasdin and Marissa Amuial of Akerman LLP attached hereto as Exhibit A", and any and all agreements, instruments, certificates or documents necessary to consummate or effectuate all in the name, and on behalf, of the Manager, in its capacity, as Manager, in the name of and on behalf of the Company. 4. All documents, agreements and instruments previously executed and delivered, and any and all actions previously taken by any such officer in the name of the Manager on behalf of the Company in connection with or related to the matters set forth herein, is, adopted, ratified, confirmed and approved in all respects and for all purposes as the acts and deeds of the Company. 5. This Certificate may be executed in multiple counterparts, each of which shall be an original but all of which together shall constitute but one and the same agreement and that this document may be executed by facsimile or e-mail "pdf' copy and such signatures shall be treated as originals for all purposes. 6. This Certificate may be relied upon by the City of Miami and/or other governmental authorities. certificate of paradise plaza 2020. IN WITNESS WHEREON, I have hereunto set CRAIG RO of t is k day of June, 'NSTEIN STATE OF FLORIDA ) SS: COUNTY OF MIAMI-DADE ) The foregoing Certificate was acknowledged before me by physical presence or on-line notarization this ]L day of June, 2020 by Steven Gretenstein, Vice President of Miami Design District Associates Manager, LLC, a Delaware limited liability company, on behalf of that company in its capacity as the Manager of Paradise Plaza. Associates LLC, a Delaware limited liability company, on behalf of that company. He is personally kWwn to nee. ' DIY YCOMM=p(Y tsf31E 29W FOWM �.ZVI'k 7.20M STATE OF FLORIDA COUNTY OF MIAMI-DADE NOT�RY PU C . Print Name: My comrnissi expires: to 2, t J') U OT ' / I b SS: The foregoing Certificate was acknowledged before me by _ physical presence or on-line notarization this _&_ day of June, 2020 by Craig Robins, President of Miami Design District Associates Manager, LLC, a Delaware limited liability company, on behalf of that company in its capacity as the Manager of Paradise Plaza Associates LLC, a Delaware limited liability company, on behalf of that company. He is personally known ti) me. /I In /-) YARMED RODRIGUEZ *_ *; MY COMMISSION # GG 2MI '7F EXPIRES; Febwary 7, 2023 'Eon F °`'=s W4W Thru gotuy Pubic Wdw~ NOTAJY PU � ' a n,�2 PrintNameIVY' My commissio expires: (� ,` � �� I 1OLL) V" EXHIBIT A Power of Attorney POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, that Paradise Plaza. Associates LLC, a Delaware limited liability company, has made, constituted and appointed, and by these presents do make, constitute and appoint NEISEN O. KASDIN and MARISSA AMUTAL, of Akerman LLP, as its true and lawful attorneys in its stead to execute all documents and instruments required with respect to applications for a Special Area Plan and Rezoning under the requirements of the City of Miami Code of Ordinances and Miami 21 zoning code, submitted to the Office of Hearing Boards, for the Miami Design District Retail Street Special Area Plan in Miami, Florida, giving and granting unto NEISEN O. KASDIN and MARISSA AMUTAL its said attorneys, full power and authority to do and perform all and every act and thing whatsoever requisite and necessary to be done with respect to the application as fully, to all intents and purposes, as he might or could do if personally present, with full power of substitution and revocation, hereby ratifying and confirming all that said attorney or his substitute shall lawfully do or cause to be done by virtue hereof. IN WITNESS WHEREOF, I have hereunto set my/our hand(s) and seal(s) this l0 day of June, 2020. Signed and delivered in the presence of: Witness Signature Witness Name Nj� &A Witness Signature P kCfA A ID,�►so Witness Name PARADISE PLAZ "SOCIATES LLC, by MIASI4DJ�STRICT ASSO TAT ER, LLC, its lure JE VEA �-fkd&AIJOA Print Name STATE OF FLORIDA ) ) SS: COUNTY OF MIAMI-DADE ) /physical The foregoing Certificate was acknowledged before me by presence or on-line notarization this lb day of June, 2020 by Steven Gretenstein, Vice President of Miami Design District Associates Manager, LLC, a Delaware limited liability company, on behalf of that company in its capacity as the Manager of Paradise Plaza. Associates LLC, a Delaware limited liability company, on behalf of that company. He is personally known to me. "LD 01W NOTARY PUBLIC Print Name: A l ►'C i gWom $y My commission expires: . Y:y ALIM ALONSO MY COMMISSION # GG087791 EXPIRES April 18, 2021 CERTIFICATE OF HALF -CIRCLE PROPERTY (DEL.) LLC AND POWER OF ATTORNEY The undersigned, the President and Vice President of Miami Design District Associates Manager, LLC, a limited liability company organized and existing under the laws of the State of Delaware, do hereby certify as follows: 1. The management of Half -Circle Property (Del.) LLC, a Delaware limited liability company (the "Company"), is vested in Miami Design District Associates Manager, LLC, a Delaware limited liability company (the "Manager"). 2. The persons named below have been duly elected, have been qualified, and at all times have acted, as officers of the Manager, holding the respective offices below set opposite their names. Name Office Craig Robins President Steven Gretenstein Vice President 3. Each of the President and/or Vice President of the Manager, without the execution or joinder of the other or any other party, has the full power and authority to execute amendments and consents to amendments of that certain Third Amended and Restated Development Agreement and any and all documents related thereto, including without limitation, any amendments to the Regulating Plan and Concept Plan, as well as the Power of Attorney in favor of Neisen O. Kasdin and Marissa Amuial of Akerman LLP attached hereto as Exhibit A", and any and all agreements, instruments, certificates or documents necessary to consummate or effectuate all in the name, and on behalf, of the Manager, in its capacity, as Manager, in the name of and on behalf of the Company. 4. All documents, agreements and instruments previously executed and delivered, and any and all actions previously taken by any such officer in the name of the Manager on behalf of the Company in connection with or related to the matters set forth herein, is, adopted, ratified, confirmed and approved in all respects and for all purposes as the acts and deeds of the Company. 5. This Certificate may be executed in multiple counterparts, each of which shall be an original but all of which together shall constitute but one and the same agreement and that this document may be executed by facsimile or e-mail "pdf' copy and such signatures shall be treated as originals for all purposes. 6. This Certificate may be relied upon by the City of Miami and/or other governmental authorities. Le/mdda/sap/certificate of half circle 2020. IN WITNESS WHEREON, I have hereunto set Vyl hali as c this day of June, CRAIG ROBIN STEIN STATE OF FLORIDA SS: COUNTY OF MIAMI-DADE The foregoing Certificate was acknowledged before me by physical presence or on-line notarization this 0 day of June, 2020 by Steven Gretenstein, Vice President of Miami Design District Associates Manager, LLC, a Delaware limited liability company, on behalf of that company in its capacity as the Manager of Half -Circle Property (Del.) LLC, a Delaware limited liability company, on behalf of that company. He is pprsonally known to me. YARITliD RODwuru • sa; :*: MY COMMMM # GG W.01 ;P`. EXPIRES; February 7, = ���'f4r ".'.:JBonded 71ru Piotery P+iDlcUrlOEfIMiG1Y STATE OF FLORIDA ) ) SS: COUNTY OF MIAMI-DADE } NOTPY PUBLI n_ Print Name: ot My commission e pires: n The foregoing Certificate was acknowledged before me by V physical presence or on-line notarization this day of June, 2020 by Craig Robins, President of Miami Design District Associates Manager, LLC, a Delaware limited liability company, on behalf of that company in its capacity as the Manager of Half -Circle Property (Del.) LLC, a De)6w)tre limited liability company, on behalf of that company. He is personally known t. me. A A _ /-) iA +►u YARMW RODRIGM ca ;a3 MYCOMMISSM IK GG 2"M EXPIRES; Febnrary 7, 2W Tku mawy P is a+admrs 0 NOT.' Y PUBI_ Taow - f&M,1Print Name: My commission pires: � n OQ I b- EXHIBIT A Power of Attorney POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, that Half -Circle Property (Del.) LLC, a Delaware limited liability company, has made, constituted and appointed, and by these presents do make, constitute and appoint NEISEN O. KASDIN and MARISSA AMUTAL, of Akerman LLP, as its true and lawful attorneys in its stead to execute all documents and instruments required with respect to applications for a Special Area Plan and Rezoning under the requirements of the City of Miami Code of Ordinances and Miami 21 zoning code, submitted to the Office of Hearing Boards, for the Miami Design District Retail Street Special Area Plan in Miami, Florida, giving and granting unto NEISEN O. KASDIN and MARISSA AMUTAL its said attorneys, full power and authority to do and perform all and every act and thing whatsoever requisite and necessary to be done with respect to the application as fully, to all intents and purposes, as he might or could do if personally present, with full power of substitution and revocation, hereby ratifying and confirming all that said attorney or his substitute shall lawfully do or cause to be done by virtue hereof. IN WITNESS WHEREOF, I have hereunto set my/our hand(s) and seal(s) this 16 day of June, 2020. Signed and delivered in the presence of: 10 fflffl� �4 ON - � � Witness Signature kZZ1,;' S'b"r - Witness�N�ame,� ftjo Witness Signature Al►Cilq Plcwso Witness Name HALF-C L P PERTY (DEL.) LLC, by MI, I D GN DISTRICT ASSO AT AGER, LLC, its man er V ture EU� ��EfEnIS�E+N Print Name STATE OF FLORIDA ) ) SS: COUNTY OF MIAMI-DADE ) The foregoing Certificate was acknowledged before me by V/ physical presence or on-line notarization this is 0 day of June, 2020 by Steven Gretenstein, Vice President of Miami Design District Associates Manager, LLC, a Delaware limited liability company, on behalf of that company in its capacity as the Manager of Half -Circle Property (Del.) LLC, a Delaware limited liability company, on behalf of that company. He is personally known to me. b" ate NOTARY PU LTC Print Name: RC0 P IOA S0 My commission expires: ALICIA ALONSO MY COMMISSION # GG087791 EXPIRES April 18.2021 CERTIFICATE OF LOVELY RITA ACQUISITIONS LLC AND POWER OF ATTORNEY The undersigned, the President and Vice President of MDDA Sweet Bird Manager LLC, a limited liability company organized and existing under the laws of the State of Delaware, do hereby certify as follows: 1. The management of Lovely Rita Acquisitions LLC, a Delaware limited liability company (the "Company"), is vested in MDDA Sweet Bird Manager LLC, a Delaware limited liability company (the "Manager"). 2. The persons named below have been duly elected, have been qualified, and at all times have acted, as officers of the Manager, holding the respective offices below set opposite their names. Name Office Craig Robins President Steven Gretenstein Vice President 3. Each of the President and/or Vice President of the Manager, without the execution or joinder of the other or any other party, has the full power and authority to execute amendments and consents to amendments of that certain Third Amended and Restated Development Agreement and any and all documents related thereto, including without limitation, any amendments to the Regulating Plan and Concept Plan, as well as the Power of Attorney in favor of Neisen O. Kasdin and Marissa Amuial of Akerman LLP attached hereto as Exhibit A", and any and all agreements, instruments, certificates or documents necessary to consummate or effectuate all in the name, and on behalf, of the Manager, in its capacity, as Manager, in the name of and on behalf of the Company. 4. All documents, agreements and instruments previously executed and delivered, and any and all actions previously taken by any such officer in the name of the Manager on behalf of the Company in connection with or related to the matters set forth herein, is, adopted, ratified, confirmed and approved in all respects and for all purposes as the acts and deeds of the Company. 5. This Certificate may be executed in multiple counterparts, each of which shall be an original but all of which together shall constitute but one and the same agreement and that this document may be executed by facsimile or e-mail "pdf' copy and such signatures shall be treated as originals for all purposes. 6. This Certificate may be relied upon by the City of Miami and/or other governmental authorities. Lehndda/sapkertificate of lovely rita IN WITNESS WHEREON, I have hereunto 2020. June, STATE OF FLORIDA ) ) SS: COUNTY OF MIAMI-DADE ) The foregoing Certificate was acknowledged before me by V physical presence or on-line notarization this _[0__ day of June, 2020 by Steven Gretenstein, Vice President of MDDA Sweet Bird Manager LLC, a Delaware limited liability company, on behalf of that company in its capacity as the Manager of Lovely Rita Acquisitions LLC, a Delaware limited liability company, on behalf of that company. He is personally known to rays. W V f '� - Y�Ro�R�U� NOTA Y PUB WC 1 AR COMMISS10N#GG2M1 2 Ex MS; February 7, A23 Print NW". 01A V. f....•O o: F�,.• •eftided TW Ndary puff,, ( qs My commission xpires: b U-1 STATE OF FLORIDA ) SS: COUNTY OF MIAMI-DADE ) The foregoing Certificate was acknowledged before me by lV/ physical presence or on-line notarization this _U day of June, 2020 by Craig Robins, President of MDDA Sweet Bird Manager LLC, a Delaware limited liability company, on behalf of that company in its capacity as the Manager of Lovely Rita Acquisitions LLC, a Delaware limited liability company, on behalf of that company. He is personally known to me. J f } .. ' YARRM RODRMGUF�Z V V L/ V (/ (/ WCOMM1ssioNG6299691 NOT Y PUBL f/ OViRM; Febnlary 7, 2023 Print Name: ►1 ! �•CI V •'•�i0Ff1Q.:/BOfIQ9dTIMUPL6k WkMkM My commission pines: ba e� �2� EXHIBIT A Power of Attorney POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, that Lovely Rita Acquisitions LLC, a Delaware limited liability company, has made, constituted and appointed, and by these presents do make, constitute and appoint NEISEN O. KASDIN and MARISSA AMUTAL, of Akerman LLP, as its true and lawful attorneys in its stead to execute all documents and instruments required with respect to applications for a Special Area Plan and Rezoning under the requirements of the City of Miami Code of Ordinances and Miami 21 zoning code, submitted to the Office of Hearing Boards, for the Miami Design District Retail Street Special Area Plan in Miami, Florida, giving and granting unto NEISEN O. KASDIN and MARISSA AMUTAL its said attorneys, full power and authority to do and perform all and every act and thing whatsoever requisite and necessary to be done with respect to the application as fatly, to all intents and purposes, as he might or could do if personally present, with full power of substitution and revocation, hereby ratifying and confirming all that said attorney or his substitute shall lawfully do or cause to be done by virtue hereof. IN WITNESS WHEREOF, I have hereunto set my/our hand(s) and seal(s) this 10 day of June, 2020. Signed and delivered in the presence of: Witness Signature Witness Name Witness Signature P 11' Cf )9 P 16AI SO Witness Name LOVEVYT�L ACUISITIONS LLC, by MDD S eet f gird anager LLC, its � EV CA1 kjCAISJO' I Print Name STATE OF FLORIDA ) ) SS: COUNTY OF MIA.MI-DADE ) The foregoing Certificate was acknowledged before me by physical presence or on-line notarization this 10 day of June, 2020 by Steven Gretenstein, Vice President of MDDA Sweet Bird Manager LLC, a Delaware limited liability company, on behalf of that company in its capacity as the Manager of Lovely Rita Acquisitions LLC, a Delaware limited liability company, on behalf of that company. He is personally known to me. NOTARY PUBLIC Print Name: P ) r L' ! ,4 0)N S o My commission expires: ALICIA ALONSO *: t; MY COMMISSION # GG087791 :� `+�:' EXPIRES Apr11 18, 2021 CERTIFICATE OF UPTOWN GIRL DEVELOPMENT LLC AND POWER OF ATTORNEY The undersigned, the President and Vice President of MDDA Stardust Manager LLC, a limited liability company organized and existing under the laws of the State of Delaware, do hereby certify as follows: 1. The management of Uptown Girl Development LLC, a Delaware limited liability company (the "Company"), is vested in MDDA Stardust Manager LLC, a Delaware limited liability company (the "Manager"). 2. The persons named below have been duly elected, have been qualified, and at all times have acted, as officers of the Manager, holding the respective offices below set opposite their names. Name Office Craig Robins President Steven Gretenstein Vice President 3. Each of the President and/or Vice President of the Manager, without the execution or joinder of the other or any other party, has the full power and authority to execute amendments and consents to amendments of that certain Third Amended and Restated Development Agreement and any and all documents related thereto, including without limitation, any amendments to the Regulating Plan and Concept Plan, as well as the Power of Attorney in favor of Neisen O. Kasdin and Marissa Amuial of Akerman LLP attached hereto as Exhibit A", and any and all agreements, instruments, certificates or documents necessary to consummate or effectuate all in the name, and on behalf, of the Manager, in its capacity, as Manager, in the name of and on behalf of the Company. 4. All documents, agreements and instruments previously executed and delivered, and any and all actions previously taken by any such officer in the name of the Manager on behalf of the Company in connection with or related to the matters set forth herein, is, adopted, ratified, confirmed and approved in all respects and for all purposes as the acts and deeds of the Company. S. This Certificate may be executed in multiple counterparts, each of which shall be an original but all of which together shall constitute but one and the same agreement and that this document may be executed by facsimile or e-mail "pdf' copy and such signatures shall be treated as originals for all purposes. 6. This Certificate may be relied upon by the City of Miami and/or other governmental authorities. Le/indda/sap/certificate of uptown girl 2020. IN WITNESS WHEREON, I have hereunto se my h d s jo this day of June, CRAIG R TEN STEIN STATE OF FLORIDA SS: COUNTY OF MIAMI-DADE The foregoing Certificate was acknowledged before me by V physical presence or on-line notarization this 4__ day of June, 2020 by Steven Gretenstein, Vice President of MDDA Stardust Manager LLC, a elaware limited liability company, on behalf of that company in its capacity as the Manager of Uptown Girl Development LLC, a Delaware limited liability company, on behalf of that company. He is personally known to iW. A a �0. EWMFebMM7.2= NOTARY PU IC hid '''�s� �eona0ernruAomrrwe�cu�es Print Naxn' My commissio expires: STATE OF FLORIDA ) ) SS: COUNTY OF MIAMI-DADE ) The foregoing Certificate was acknowledged before me by physical presence or on-line notarization this LI� day of June, 2020 by Craig Robins, President of MDDA Stardust Manager LLC, a Delaware limited liability company, on behalf of that company in its capacity as the Manager of Uptown Girl Development LLC, a Delaware lirWted liability com any, on behalf of that company. He is personally known to me. 92 a YMWMRODRIGUEZ WtYCOMMISS10MG2MI NO ARY PUBLI V 'A7z EXPIRES: February 7, 2023 Print Name: ..�• /BOIIdBd TMI MOi�y PUG U11�EfMi�S My commission e, fires: EXHIBIT A Power of Attomey POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, that Uptown Girl Development LLC, a Delaware limited liability company, has made, constituted and appointed, and by these presents do make, constitute and appoint NEISEN O. KASDIN and MARISSA AMUTAL, of Akerman LLP, as its true and lawful attorneys in its stead to execute all documents and instruments required with respect to applications for a Special Area Plan and Rezoning under the requirements of the City of Miami Code of Ordinances and Miami 21 zoning code, submitted to the Office of Hearing Boards, for the Miami Design District Retail Street Special Area Plan in Miami, Florida, giving and granting unto NEISEN O. KASDIN and MARISSA AMUTAL its said attorneys, full power and authority to do and perform all and every act and thing whatsoever requisite and necessary to be done with respect to the application as fully, to all intents and purposes, as he might or could do if personally present, with full power of substitution and revocation, hereby ratifying and confirming all that said attorney or his substitute shall lawfully do or cause to be done by virtue hereof. IN WITNESS WHEREOF, I have hereunto set my/our hand(s) and seal(s) this 10 day of June, 2020. Signed and delivered in the presence of Witness Signature 9—cj�-5;' Witness Name n I Q P-1 in a Witness Signature A i,-c 1,P P 10AI SO Witness Name UPTO G DTVELOPMENT LLC, b S ardust Manager LLC, its t ure `v EvEA1 01 JE ICA S JE W Print Name STATE OF FLORIDA ) ) SS: COUNTY OF MIAMI-DADE ) The foregoing Certificate was acknowledged before me by '/ physical presence or on-line notarization this % () day of June, 2020 by Steven Gretenstein, Vice President of MDDA Stardust Manager LLC, a Delaware limited liability company, on behalf of that company in its capacity as the Manager of Uptown Girl Development LLC, a Delaware limited liability company, on behalf of that company. He is personally known to me. oinuo _Gju.�_-A NOTARY PUBLIC Print Name: A I ►' e r A A k N S 6 My commission expires: - ALICIA AL®NS® �- My COMMISSION # GG087791 t EXPIRES April 18. 2021 ar N,, CERTIFICATE OF SUN KING LLC AND POWER OF ATTORNEY The undersigned, the President and Vice President of Miami Design District Associates Manager, LLC, a limited liability company organized and existing under the laws of the State of Delaware, do hereby certify as follows: 1. The management of Sun King LLC, a Delaware limited liability company (the Tom -PM"), is vested in Miami Design District Associates Manager, LLC, a Delaware limited liability company (the "Manager"). 2. The persons named below have been duly elected, have been qualified, and at all times have acted, as officers of the Manager, holding the respective offices below set opposite their names. Name Office Craig Robins President Steven Gretenstein Vice President 3. Each of the President and/or Vice President of the Manager, without the execution or joinder of the other or any other party, has the full power and authority to execute amendments and consents to amendments of that certain Third Amended and Restated Development Agreement and any and all documents related thereto, including without limitation, any amendments to the Regulating Plan and Concept Plan, as well as the Power of Attorney in favor of Neisen O. Kasdin and Marissa Amuial of Akerman LLP attached hereto as Exhibit A", and any and all agreements, instruments, certificates or documents necessary to consummate or effectuate all in the name, and on behalf, of the Manager, in its capacity, as Manager, in the name of and on behalf of the Company. 4. All documents, agreements and instruments previously executed and delivered, and any and all actions previously taken by any such officer in the name of the Manager on behalf of the Company in connection with or related to the matters set forth herein, is, adopted, ratified, confirmed and approved in all respects and for all purposes as the acts and deeds of the Company. 5. This Certificate may be executed in multiple counterparts, each of which shall be an original but all of which together shall constitute but one and the same agreement and that this document may be executed by facsimile or e-mail "pdf' copy and such signatures shall be treated as originals for all purposes. 6. This Certificate may be relied upon by the City of Miami and/or other governmental authorities. Le/mdda/sap/certificate of sun king 2020. IN WITNESS WHEREON, I have hereunto set Iny EN G - _ clue] as of ties ] day of June, STEIN STATE OF FLORIDA ) ) SS: COUNTY OF MIAMI-DADE ) The foregoing Certificate was acknowledged before me by physical presence or on-line notarization this & day of June, 2020 by Steven Gretenstein, Vice President of Miami Design District Associates Manager, LLC, a Delaware limited liability company, on behalf of that company in its capacity as the Manager of Sun King LC, a Delaware limited liability company, on behalf of that company. He is personally known to i e. 4 A MOM RODRKM :•:. �: .+�.....oQg EXPIRES; February 7.2023 .? raondeaihuli�aryDu6icUrdenr+IMa STATE OF FLORIDA } ) SS: COUNTY OF MLAMI-DADE ) t�l`OTA Y 1'U 1C Print ame- My co miissi n expire �j I�� 2� The foregoing Certificate was acknowledged before me by V physical presence or on-line notarization this _ day of June, 2020 by Craig Robins, President of Miami Design District Associates Manager, LLC, a Delaware limited liability company, on behalf of that company in its capacity as the Manager of Sun King LLC, a Delaware limited liability company, on behalf of that company. He is personally known to me. " :tqd ; YARnm ROMOGUEZ ;.: IMY COIMMIMON 4 GG 2MI Via= EXPIRES: Febmy 7. 2023 "fpC11L�+'• /80f1d9d TIri1 rjOr81Y Pubic 1J116E1W1�Ifi My commission EXHIBIT A Power of Attorney POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, that Sun King LLC, a Delaware limited liability company, has made, constituted and appointed, and by these presents do make, constitute and appoint NEISEN O. KASDIN and MARISSA AMUTAL, of Akerman LLP, as its true and lawful attorneys in its stead to execute all documents and instruments required with respect to applications for a Special Area Plan and Rezoning under the requirements of the City of Miami Code of Ordinances and Miami 21 zoning code, submitted to the Office of Hearing Boards, for the Miami Design District Retail Street Special Area Plan in Miami, Florida, giving and granting unto NEISEN O. KASDIN and MARISSA AMUTAL its said attorneys, full power and authority to do and perform all and every act and thing whatsoever requisite and necessary to be done with respect to the application as fully, to all intents and purposes, as he might or could do if personally present, with full power of substitution and revocation, hereby ratifying and confirming all that said attorney or his substitute shall lawfully do or cause to be done by virtue hereof. IN WITNESS WHEREOF, I have hereunto set my/our hand(s) and seal(s) this lb day of June, 2020. Signed and delivered in the presence of: Witness Signature A,j-brl-a 5hi�A Witness Name Witness Signature / A I fO i A � )0AIS6 Witness Name r rG L C, b , MIAMI DESIGN A SO IATES MANAGER , LL er S i aturevi Print Name STATE OF FLORIDA ) ) SS: COUNTY OF MIAMI-DADE } The foregoing Certificate was acknowledged before me by physical presence or on-line notarization this /6) day of June, 2020 by Steven Gretenstein, Vice President of Miami Design District Associates Manager, LLC, a Delaware limited liability company, on behalf of that company in its capacity as the Manager of Sun King LLC, a Delaware limited liability company, on behalf of that company. He is personally known to me. . " ��6 Oa _'b o NOTARY PU LIC Print Name: 11r(! 1A A lb&b My commission expires: ALICIA ALON30 MY COMMISSION # GG087791 EXPIRES April 18, 2021 b. CERTIFICATE OF DACRA DESIGN 4141, LLC AND POWER OF ATTORNEY The undersigned, the President and Vice President of Dacra 4141 Managing Member, Inc. a corporation organized and existing under the laws of the State of Florida, do hereby certify as follows: 1. The management of Dacra Design 4141, LLC, a Delaware limited liability company (the "Company" ), is vested in Dacra 4141 Managing Member, Inc., a Florida corporation ("Managing Member"). 2. The persons named below have been duly elected, have been qualified, and at all times have acted, as officers of the Managing Member, holding the respective offices below set opposite their names. Name Office Craig Robins President Steven Gretenstein Vice President 3. Each of the President and/or Vice President of the Managing Member, without the execution or joinder of the other or any other party, has the full power and authority to execute amendments and consents to amendments of that certain Third Amended and Restated Development Agreement and any and all documents related thereto, including without limitation, any amendments to the Regulating Plan and Concept Plan, as well as the Power of Attorney in favor of Neisen O. Kasdin and Marissa Amuial of Akerman LLP attached hereto as Exhibit A", and any and all agreements, instruments, certificates or documents necessary to consummate or effectuate all in the name, and on behalf, of Managing Member, in its capacity Managing Member, in the name of and on behalf of the Company. 4. All documents, agreements and instruments previously executed and delivered, and any and all actions previously taken by any such officer in the name of Managing Member on behalf of the Company in connection with or related to the matters set forth herein, is, adopted, ratified, confirmed and approved in all respects and for all purposes as the acts and deeds of the Company. 5. This Certificate may be executed in multiple counterparts, each of which shall be an original but all of which together shall constitute but one and the same agreement and that this document may be executed by facsimile or e-mail "pdf' copy and such signatures shall be treated as originals for all purposes. 6. This Certificate may be relied upon by the City of Miami and/or other governmental authorities. Le/mdda/sap/certificate of Dacra Design 4141 grown IN WITNESS WHEREON, I have hereunto set my land this I day of June, STEIN STATE OF FLORIDA SS: COUNTY OF MIAMI-DADE The foregoing Certificate was acknowledged before me by V physical presence or on-line notarization this W day of June, 2020 by Steven Gretenstein, Vice President of Dacra 4141 Managing Member, Inc., a Florida corporation, on behalf of that corporation in its capacity as the Managing Member of Dacra Design 4141, LLC a Delaware limited liability company, on behalf of that company in its capacity as the Managing Member of Dacra Design 4141, LLC, a Delaware limited liability company, on behalf of that company. He is personally known to me. I I A YARMIMROUVWR 79KBWWW O• 7.2VWThrullomryP'W M STATE OF FLORIDA ) ) SS: COUNTY OF MIAMI-DARE ) NOTA',RY PUBVJC Mfiol Print Name: My commission expi//r��es: % V� 7 � The foregoing Certificate was acknowledged before me by � physical presence or on-line notarization this I b day of June, 2020 by Craig Robins, President of Dacra 4141 Managing Member, Inc., a Florida corporation, on behalf of that corporation in its capacity as the Managing Member of Dacra Design 4141, LLC a Delaware limited liability company, on behalf of that company in its capacity as the Managing Member of Daq-n Designf 41, LLC, a Delaware limited liability company, on behalf of that company. He is Wry'nally kn py) rne. _ /-) .. v, , a�► yAmTm ROMGUEZ NOTA Y PUBL C n .: •; nnr coNu�+issIor� c�c 2sssst Print N me: (,( d t� EXPIRES.FeMM7,2M •�yFOFFL?45Fgo dWThW SotWPoWurKIW~ My commission expires: EXHIBIT A Power of Attorney POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, that Dacra Design 4141, LLC, a Delaware limited liability company, has made, constituted and appointed, and by these presents do make, constitute and appoint NEISEN 0. KASDIN and MARISSA AMUTAL, of Akerman LLP, as its true and lawful attorneys in its stead to execute all documents and instruments required with respect to applications for a Special Area Plan and Rezoning under the requirements of the City of Miami Code of Ordinances and Miami 21 zoning code, submitted to the Office of Hearing Boards, for the Miami Design District Retail Street Special Area Plan in Miami, Florida, giving and granting unto NEISEN O. KASDIN and MARISSA AMUTAL its said attorneys, full power and authority to do and perform all and every act and thing whatsoever requisite and necessary to be done with respect to the application as fully; to all intents and purposes, as he might or could do if personally present, with full power of substitution and revocation, hereby ratifying and confirming all that said attorney or his substitute shall lawfully do or cause to be done by virtue hereof. IN WITNESS WHEREOF, I have hereunto set my/our hand(s) and seal(s) this 10 day of June, 2020. Signed and delivered in the presence of Witness Signature Witness Name Nc" dlyu-6 Witness Signature Witness Name DAC Dy A 4141, LLC, by DACRA 4141 : AN GMEMBER, Inc., its iteveA &dWsk'Al Print Name STATE OF FLORIDA ) ) SS: COUNTY OF MIAMI-DADE ) The foregoing Certificate was acknowledged before me by I✓ physical presence or on-line notarization this 10 day of June, 2020 by Steven Gretenstein, Vice President of Dacra 4141 Managing Member, Inc., a Florida corporation, on behalf of that corporation in its capacity as the Managing Member of Dacra Design 4141, LLC a Delaware limited liability company, on behalf of that company in its capacity as the Managing Member of Dacra Design 4141, LLC, a Delaware limited liability company, on behalf of that company. He is personally known to me. GAU� CUCIU3 NOTARY P LIC Print Name: � 1 f C i A� lots d My commission expires: ALICIA ALONSO MY COMMISSION # GG087791 EXPIRES April 18, 2021 CERTIFICATE OF MDDA MORNING DEW LLC AND POWER OF ATTORNEY The undersigned, the President and Vice President of Miami Design District Associates Manager, LLC, a limited liability company organized and existing under the laws of the State of Delaware, do hereby certify as follows: 1. The management of MDDA Morning Dew LLC, a Delaware limited liability company (the "Company"), is vested in Miami Design District Associates Manager, LLC, a Delaware limited liability company (the "Manager"). 2. The persons named below have been duly elected, have been qualified, and at all times have acted, as officers of the Manager, holding the respective offices below set opposite their names. Name Office Craig Robins President Steven Gretenstein Vice President 3. Each of the President and/or Vice President of the Manager, without the execution or joinder of the other or any other party, has the full power and authority to execute amendments and consents to amendments of that certain Third Amended and Restated Development Agreement and any and all documents related thereto, including without limitation, any amendments to the Regulating Plan and Concept Plan, as well as the Power of Attorney in favor of Neisen 0. Kasdin and Marissa Amuial of Akerman LLP attached hereto as Exhibit A", and any and all agreements, instruments, certificates or documents necessary to consummate or effectuate all in the name, and on behalf, of the Manager, in its capacity, as Manager, in the name of and on behalf of the Company. 4. All documents, agreements and instruments previously executed and delivered, and any and all actions previously taken by any such officer in the name of the Manager on behalf of the Company in connection with or related to the matters set forth herein, is, adopted, ratified, confirmed and approved in all respects and for all purposes as the acts and deeds of the Company. 5. This Certificate may be executed in multiple counterparts, each of which shall be an original but all of which together shall constitute but one and the same agreement and that this document may be executed by facsimile or e-mail "pdf' copy and such signatures shall be treated as originals for all purposes. 6. This Certificate may be relied upon by the City of Miami and/or other governmental authorities. U/mdda/sap/certificate of mdda moming dew IN WITNESS WHEREON, I have hereun 2020. STATE OF FLORIDA SS: COUNTY OF MIAMI-DADE The foregoing Certificate was acknowledged before me by physical presence or on-line notarization this 16 day of June, 2020 by Steven Gretenstein, Vice President of Miami Design District Associates Manager, LLC, a Delaware limited liability company, on behalf of that company in its capacity as the Manager of MDDA Morning Dew LLC, a Delaware limited liability company, on behalf of that company. He is personally mown t9lne. =; TMROMMEZ I COMM ON 29s 1 WMS:F*Wwy7,2= °Fw°•' *Raidedilrul 0WYPUbkW WxW= STATE OF FLORIDA ) SS: COUNTY OF MIAMI-DADE ) NOTARY PU LIC. Print Name: V %1 h My commiss4n expires: 16 0� The foregoing Certificate was acknowledged before me by V"physical presence or on-line notarization this j day of June, 2020 by Craig Robins, President of Miami Design District Associates Manager, LLC, a Delaware limited liability company, on behalf of that company in its capacity as the Manager of MDDA Morning Dew LLC, a Delaware limited liability company, on behalf of that company. He is personally known to me. I / /1 „ rip'*Y"mot+: YARITZEDRODRIGUEZ MY COMMISSION # GG 29MI EXPIRES; February 7, 2023 rsmw Thru Notary Pubrr Underwriters NOTAT PUBLIC J odY1 IV - Print Name: Y () n My commission expires: aO?l®��ao �� EXHIBIT A Power of Attorney POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, that MDDA Morning Dew LLC, a Delaware limited liability company, has made, constituted and appointed, and by these presents do make, constitute and appoint NEISEN O. KASDIN and MARISSA AMUTAL, of Akerman LLP, as its true and lawful attorneys in its stead to execute all documents and instruments required with respect to applications for a Special Area Plan and Rezoning under the requirements of the City of Miami Code of Ordinances and Miami 21 zoning code, submitted to the Office of Hearing Boards, for the Miami Design District Retail Street Special Area Plan in Miami, Florida, giving and granting unto NEISEN O. KASDIN and MARISSA AMUTAL its said attorneys, full power and authority to do and perform all and every act and thing whatsoever requisite and necessary to be done with respect to the application as fully, to all intents and purposes, as he might or could do if personally present, with full power of substitution and revocation, hereby ratifying and confirming all that said attorney or his substitute shall lawfully do or cause to be done by virtue hereof. IN WITNESS WHEREOF, I have hereunto set my/our hand(s) and seal(s) this 16 day of June, 2020. Signed and delivered in the presence of: Witness Sig -nature Witness Name Witness Signature A I I'CiA fi IOAS4 Witness Name MDDA7DSJUj IN DEW LLC, by MT; IDISTRICT ASSOCIA-AGER, LLC, its d 6VEA l� �trl� j')�llJ Print Name STATE OF FLORIDA ) ) SS: COUNTY OF MIAMI-DADE ) The foregoing Certificate was acknowledged before me by physical presence or on-line notarization this X day of June, 2020 by Steven Gretenstein, Vice President of Miami Design District Associates Manager, LLC, a Delaware limited liability company, on behalf of that company in its capacity as the Manager of MDDA Morning Dew LLC, a Delaware limited liability company, on behalf of that company. He is personally known to me. aw�o o NOTARY PUB IC Print Name: AID At So My commission expires: ;`'' ALICIA ALONSO MY COMMISSION # G0087791 %°q��; EXPIRES April 18, 2021 CERTIFICATE OF TINY DANCER ACQUISITIONS LLC AND POWER OF ATTORNEY The undersigned, the President and Vice President of MDDA Stardust Manager LLC, a limited liability company organized and existing under the laws of the State of Delaware, do hereby certify as follows: 1. The management of Tiny Dancer Acquisitions LLC, a Delaware limited liability company (the "Company"), is vested in MDDA Stardust Manager LLC, a Delaware limited liability company (the "Manager"). 2. The persons named below have been duly elected, have been qualified, and at all times have acted, as officers of the Manager, holding the respective offices below set opposite their names. Name Office Craig Robins President Steven Gretenstein Vice President 3. Each of the President and/or Vice President of the Manager, without the execution or joinder of the other or any other party, has the full power and authority to execute amendments and consents to amendments of that certain Third Amended and Restated Development Agreement and any and all documents related thereto, including without limitation, any amendments to the Regulating Plan and Concept Plan, as well as the Power of Attorney in favor of Neisen O. Kasdin and Marissa Amuial of Akerman LLP attached hereto as Exhibit A', and any and all agreements, instruments, certificates or documents necessary to consummate or effectuate all in the name, and on behalf, of the Manager, in its capacity, as Manager, in the name of and on behalf of the Company. 4. All documents, agreements and instruments previously executed and delivered, and any and all actions previously taken by any such officer in the name of the Manager on behalf of the Company in connection with or related to the matters set forth herein, is, adopted, ratified, confirmed and approved in all respects and for all purposes as the acts and deeds of the Company. 5. This Certificate may be executed in multiple counterparts, each of which shall be an original but all of which together shall constitute but one and the same agreement and that this document may be executed by facsimile or e-mail "pdf' copy and such signatures shall be treated as originals for all purposes. 6. This Certificate may be relied upon by the City of Miami and/or other governmental authorities. Le/mdda/sap/certificate of tiny dancer IN WITNESS WHEREON, I have hereuntc 2020. STATE OF FLORIDA SS: COUNTY OF MIAMI-DARE The foregoing Certificate was acknowledged before me by physical presence or on-line notarization this 10 day of June, 2020 by Steven Gretenstein, Vice President of MDDA Stardust Manager LLC, a Delaware limited liability company, on behalf of that company in its capacity as the Manager of Tiny Dancer Acquisitions LLC, a Delaware limited liability company, on behalf of that company. He is personally known tolme. A wrawRomma ._= MY COMMIS MDRIGM oQ# 29M ';.,k+�Pv EXPIRES; February 7, 2023 I : rBWAW flttu ridarp PUbk WftwW STATE OF FLORIDA ) ) SS: COUNTY OF MIAMI-DADE ) NOTARY( PUB] Print N e: My commission The foregoing Certificate was acknowledged before m on-line notarization this _a day of Stardust Manager LLC, a Delaware limited liability company, capacity as the Manager of Tiny Dancer Acquisitions LLC, a D on behalf of that company. He is personally known to me. A v "y YARIME) ROMMEZ _ ,• MY COMMISSION O cG 2"M EXPIRES; FONWY 7, 2M ,,�+�..• •reonaee tiro fiotary Puble uneNwfMs nff.LMW'2ff "Aroffai ro L M � M�l e by V physical presence or June, 2020 by Craig Robins, President of MDDA on behalf of that company in its Jaware limited liability company, mi 4 NOTA�ZY PUBLIC V tj Print ame: My commission expi es: b7A�a3 EXHIBIT A Power of Attorney POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, that Tiny Dancer Acquisitions LLC, a Delaware limited liability company, has made, constituted and appointed, and by these presents do make, constitute and appoint NEISEN O. KASDIN and MARISSA AMUTAL, of Akerman LLP, as its true and lawful attorneys in its stead to execute all documents and instruments required with respect to applications for a Special Area Plan and Rezoning under the requirements of the City of Miami Code of Ordinances and Miami 21 zoning code, submitted to the Office of Hearing Boards, for the Miami Design District Retail Street Special Area Plan in Miami, Florida, giving and granting unto NEISEN O. KASDIN and MARISSA AMUTAL its said attorneys, full power and authority to do and perform all and every act and thing whatsoever requisite and necessary to be done with respect to the application as fully, to all intents and purposes, as he might or could do if personally present, with full power of substitution and revocation, hereby ratifying and confirming all that said attorney or his substitute shall lawfully do or cause to be done by virtue hereof. IN WITNESS WHEREOF, I have hereunto set my/our hand(s) and seal(s) this i day of June, 2020. Signed and delivered in the presence of: TINY D*MV� 'R AQUISITIONS Witness Signature �rllcjo shfJt Witness Name �G� L&A N Witness Signature PIicia A IOniSO Witness Name LLC, by MD A #[rdust Manager LLC, its m41 S�re \'�-/ Slf-vetj e-1RdCA1,9J(W Print Name STATE OF FLORIDA ) ) SS: COUNTY OF MIAMI-DADE ) The foregoing Certificate was acknowledged before me by / physical presence or on-line notarization this 11L day of June, 2020 by Steven Gretenstein, Vice President of MDDA Stardust Manager LLC, a Delaware limited liability company, on behalf of that company in its capacity as the Manager of Tiny Dancer Acquisitions LLC, a Delaware limited liability company, on behalf of that company. He is personally known to me. 0 W-LA a D NOTARY PUBLIC Print Name: n l i Ci A M b/,�SQ My commission expires: ALICIA ALONSO *_ MY COMMISSION # GG087791 =,',�i .." EXPIRES April 18, 2021 Detail by Entity Name Page 1 of 2 Florida Department of State Department of State / Division of Corporations / Search Records / Search by Entity Name / Detail by Entity Name Foreign Limited Liability Company MDDA MORNING DEW, LLC Filina Information Document Number M13000003644 FEI/EIN Number 80-0935808 Date Filed 06/10/2013 State DE Status ACTIVE Principal Address 3841 NE 2ND AVE., STE-400 MIAMI, FL 33137 Mailing Address 3841 NE 2ND AVE., STE-400 MIAMI. FL 33137 Reaistered Aaent Name & Address ROBINS, CRAIG 3841 NE 2ND AVE., STE-400 MIAMI, FL 33137 Authorized Person(s) Detail Name & Address Title MGRM MDDA PHASE III HOLDINGS, LLC 3841 NE 2ND AVE., STE-400 MIAMI, FL 33137 Annual Reports Report Year Filed Date 2018 01/11/2018 2019 02/14/2019 2020 02/04/2020 Document Images 02/04/2020 --ANNUAL REPORT View image in PDF format 02/14/2019 --ANNUAL REPORT View image in PDF format 01/11/2018 --ANNUAL REPORT View image in PDF format DIVISION OF CORPORATIONS http://search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetail?inquirytype=Entit... 10/27/2020 Detail by Entity Name Page 1 of 2 Florida Department of State ' , I "I vieW r of &'rkw O Department of State / Division of Corporations / Search Records / Search by Entity Name / Detail by Entity Name Foreign Limited Liability Company MDDA PHASE III HOLDINGS, LLC Filina Information Document Number M13000003095 FEI/EIN Number 90-0998004 Date Filed 05/15/2013 State DE Status ACTIVE Principal Address 3841 N.E. 2ND AVE. SUIET 400 MIAMI, FL 33137 Mailing Address 3841 N.E. 2ND AVE. SUIET 400 MIAMI. FL 33137 Reaistered Aaent Name & Address ROBINS, CRAIG 3841 N.E. 2ND AVE. SUIET 400 MIAMI, FL 33137 Authorized Person(s) Detail Name & Address Title MGR MIAMI DESIGN DISTRICT ASSOCIATES MANAGER 3841 N.E. 2ND AVE. SUIET 400 MIAMI, FL 33137 Annual Reports Report Year Filed Date 2018 02/22/2018 2019 02/14/2019 2020 02/04/2020 Document Images 02/04/2020 --ANNUAL REPORT View image in PDF format 02/14/2019 --ANNUAL REPORT View image in PDF format 02/22/2018 --ANNUAL REPORT View image in PDF format DIVISION OF CORPORATIONS http://search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetail?inquirytype=Entit... 10/27/2020 Detail by Entity Name Page 2 of 2 03/27/2017 --ANNUAL REPORT View image in PDF format 04/22/2016 --ANNUAL REPORT View image in PDF format 04/24/2015 --ANNUAL REPORT View image in PDF format 04/14/2014 --ANNUAL REPORT View image in PDF format Florida Department of State, Division of Corporations http://search. sunbiz. org/Inquiry/CorporationSearch/SearchResultDetail? inquirytype=Entit... 10/27/2020 Detail by Entity Name Page 1 of 2 Florida Department of State 0 - j _ Department of State / Division of Corporations / Search Records / Search by Entity Name / Previous On List Next On List Return to List No Events No Name History Detail by Entity Name Foreign Limited Liability Company MIAMI DESIGN DISTRICT ASSOCIATES MANAGER, LLC Filina Information Document Number M10000004818 FEI/EIN Number 27-3946312 Date Filed 11/01/2010 State DE Status ACTIVE Principal Address 3841 NE 2ND AVENUE SUITE 400 MIAMI, FL 33137 Mailina Address 3841 NE 2ND AVENUE SUITE 400 MIAMI, FL 33137 Reaistered Aaent Name & Address ROBINS, CRAIG 3841 NE 2ND AVENUE SUITE 400 MIAMI. FL 33137 Authorized Person(s) Detail Name & Address Title MGRM MIAMI DESIGN DISTRICT ASSOCIATES, LLC 3841 NE 2ND AVENUE, SUITE 400 MIAMI, FL 33137 DIVISION OF CORPORATIONS Miami Design District As: earch http://search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetail?inquirytype=Entit... 10/27/2020 Detail by Entity Name Page 2 of 2 Title P ROBINS, CRAIG 3841 NE 2ND AVENUE, SUITE 400 MIAMI, FL 33137 Title VP GRETENSTEIN, STEVEN 3841 NE 2ND AVENUE, SUITE 400 MIAMI. FL 33137 Annual Reports Report Year Filed Date 2018 02/22/2018 2019 02/14/2019 2020 02/04/2020 Document Images 02/04/2020 --ANNUAL REPORT View image in PDF format 02/14/2019 --ANNUAL REPORT View image in PDF format 02/22/2018 --ANNUAL REPORT View image in PDF format 03/27/2017 --ANNUAL REPORT View image in PDF format 04/07/2016 --ANNUAL REPORT View image in PDF format 04/27/2015 --ANNUAL REPORT View image in PDF format 04/14/2014 --ANNUAL REPORT View image in PDF format 04/10/2013 --ANNUAL REPORT View image in PDF format 04/05/2012 --ANNUAL REPORT View image in PDF format 06/27/2011 --ANNUAL REPORT View image in PDF format 03/29/2011 --ANNUAL REPORT View image in PDF format 11/01/2010 -- Foreign Limited View image in PDF format Previous On List Next On List Return to List IMiami Design District As: eE No Events No Name History Florida Department of State, Division of Corporations http://search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetail?inquirytype=Entit... 10/27/2020 Detail by Entity Name Page 1 of 2 Florida Department of State Department of State / Division of Corporations / Search Records / Search by Entity Name / Detail by Entity Name Foreign Limited Liability Company MIAMI DESIGN DISTRICT ASSOCIATES, LLC Filina Information Document Number M12000002701 FEI/EIN Number 27-3946228 Date Filed 05/15/2012 State DE Status ACTIVE Principal Address 3841 N.E. 2ND AVENUE, SUITE 400 MIAMI, FL 33137 Mailing Address 3841 N.E. 2ND AVENUE, SUITE 400 MIAMI. FL 33137 Reaistered Aaent Name & Address ROBINS, CRAIG 3841 N.E. 2ND AVENUE, SUITE 400 MIAMI, FL 33137 Authorized Person(s) Detail Name & Address Title MGR ROBINS, CRAIG 3841 N.E. 2ND AVENUE, SUITE 400 MIAMI, FL 33137 Title MGR HORTION, ALAIN 3841 N.E. 2ND AVENUE, SUITE 400 MIAMI, FL 33137 Title MGR GRETENSTEIN, STEVEN 3841 NE 2ND AVENUE, SUITE 400 MIAMI, FL 33137 DIVISION OF CORPORATIONS http://search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetail?inquirytype=Entit... 10/27/2020 Detail by Entity Name Page 2 of 2 Annual Reports Report Year Filed Date 2018 02/22/2018 2019 02/14/2019 2020 02/04/2020 Document Images 02/04/2020 --ANNUAL REPORT View image in PDF format 02/14/2019 --ANNUAL REPORT View image in PDF format 02/22/2018 --ANNUAL REPORT View image in PDF format 03/27/2017 --ANNUAL REPORT View image in PDF format 04/07/2016 --ANNUAL REPORT View image in PDF format 04/27/2015 --ANNUAL REPORT View image in PDF format 04/14/2014 --ANNUAL REPORT View image in PDF format 05/21/2013 --ANNUAL REPORT View image in PDF format 05/15/2012 -- Foreign Limited View image in PDF format Florida Department of State, Division of Corporations http://search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetail?inquirytype=Entit... 10/27/2020 Detail by Entity Name Page 1 of 2 Florida Department of State �"��► rrrr �a f� �� cr/ tsrrl3lrt s���r�t Department of State / Division of Corporations / Search Records / Search by Entity Name / Detail by Entity Name Foreign Limited Liability Company UPTOWN GIRL DEVELOPMENT, LLC Filing Information Document Number M12000005412 FEI/EIN Number 46-1722136 Date Filed 09/27/2012 State DE Status ACTIVE Principal Address 3841 NE 2ND AVENUE SUITE 400 MIAMI, FL 33137 Mailing Address 3841 NE 2ND AVENUE SUITE 400 MIAMI. FL 33137 Reaistered Aaent Name & Address ROBINS, CRAIG 3841 NE 2ND AVENUE SUITE 400 MIAMI, FL 33137 Authorized Person(s) Detail Name & Address Title MGR MIAMI DESIGN DISTRICT ASSOCIATES MANAGER 3841 NE 2ND AVENUE SUITE 400 MIAMI, FL 33137 Annual Reports Report Year Filed Date 2018 02/22/2018 2019 02/14/2019 2020 02/04/2020 Document Images 02/04/2020 --ANNUAL REPORT View image in PDF format 02/14/2019 --ANNUAL REPORT View image in PDF format 02/22/2018 --ANNUAL REPORT View image in PDF format DIVISION OF CORPORATIONS http://search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetail?inquirytype=Entit... 10/27/2020 Detail by Entity Name Page 2 of 2 03/27/2017 --ANNUAL REPORT View image in PDF format 04/22/2016 --ANNUAL REPORT View image in PDF format 04/27/2015 --ANNUAL REPORT View image in PDF format 04/14/2014 --ANNUAL REPORT View image in PDF format 04/10/2013 --ANNUAL REPORT View image in PDF format 09/27/2012 -- Foreign Limited View image in PDF format Florida Department of State, Dwlsion of Corporations http://search. sunbiz. org/Inquiry/CorporationSearch/SearchResultDetail? inquirytype=Entit... 10/27/2020 Detail by Entity Name Page 1 of 2 Florida Department of State Sal 1gP1, qj } tv r�w„r, rtt �°/apt � �af'�'t�+rlsirx �dikl Department of State / Division of Corporations / Search Records / Search by Entity Name / Detail by Entity Name Foreign Limited Liability Company DACRA DESIGN 4141 LLC Filina Information Document Number M08000003822 FEI/EIN Number 26-2947879 Date Filed 08/19/2008 State DE Status ACTIVE Principal Address 3841 NE 2ND AVENUE, STE 400 MIAMI, FL 33137 Mailing Address 3841 NE 2ND AVENUE, STE 400 MIAMI. FL 33137 Reaistered Aaent Name & Address ROBINS, CRAIG 3841 NE 2ND AVENUE, STE 400 MIAMI, FL 33137 Authorized Person(s) Detail Name & Address Title MGR DACRA 4141 MANAGING MEMBER, INC. 3841 NE 2ND AVENUE, STE 400 MIAMI, FL 33137 Annual Reports Report Year Filed Date 2018 01 /09/2018 2019 02/14/2019 2020 02/04/2020 Document Images 02/04/2020 --ANNUAL REPORT View image in PDF format 02/14/2019 --ANNUAL REPORT View image in PDF format 01/09/2018 -- ANNUAL REPORT View image in PDF format DIVISION OF CORPORATIONS http://search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetail?inquirytype=Entit... 10/27/2020 Detail by Entity Name Page 2 of 2 03/23/2017 --ANNUAL REPORT View image in PDF format 04/14/2016 --ANNUAL REPORT View image in PDF format 04/24/2015 --ANNUAL REPORT View image in PDF format 04/11/2014 --ANNUAL REPORT View image in PDF format 04/09/2013 --ANNUAL REPORT View image in PDF format 04/05/2012 --ANNUAL REPORT View image in PDF format 03/28/2011 --ANNUAL REPORT View image in PDF format 03/12/2010 --ANNUAL REPORT View image in PDF format 04/27/2009 --ANNUAL REPORT I View image in PDF format 08/19/2008 -- Foreign Limited View image in PDF format Florida Department of State, Division of Corporations http://search. sunbiz. org/Inquiry/CorporationSearch/SearchResultDetail? inquirytype=Entit... 10/27/2020 Detail by Entity Name Page 1 of 2 Florida Department of State Cit fut off1dot Aor of f?' a+ridaa welfifte Department of State / Division of Corporations / Search Records / Search by Entity Name / DIVISION OF CORPORATIONS http://search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetail?inquirytype=Entit... 10/27/2020 Detail by Entity Name Page 2 of 2 Annual Reports Report Year Filed Date 2018 01/11/2018 2019 02/14/2019 2020 02/04/2020 Document Images 02/04/2020 --ANNUAL REPORT View image in PDF format 02/14/2019 --ANNUAL REPORT View image in PDF format 01/11/2018 --ANNUAL REPORT View image in PDF format 03/23/2017 --ANNUAL REPORT View image in PDF format 04/14/2016 --ANNUAL REPORT View image in PDF format 04/24/2015 --ANNUAL REPORT View image in PDF format 04/14/2014 --ANNUAL REPORT View image in PDF format 04/09/2013 --ANNUAL REPORT View image in PDF format 12/07/2012 --Amendment View image in PDF format 03/29/2012 --ANNUAL REPORT View image in PDF format 03/28/2011 --ANNUAL REPORT View image in PDF format 03/12/2010 --ANNUAL REPORT View image in PDF format 04/27/2009 --ANNUAL REPORT I View image in PDF format 06/23/2008 -- Domestic Profit I View image in PDF format Florida Department of State, Division of Corporations http://search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetail?inquirytype=Entit... 10/27/2020 Detail by Entity Name Page 1 of 2 Florida Department of State tlt"( f �"�n ut er�jl�irtl �ii� cep l?+rl�er a�st�' Department of State / Division of Corporations / Search Records / Search by Entity Name / Detail by Entity Name Foreign Limited Liability Company TINY DANCER ACQUISITIONS, LLC Filina Information Document Number M12000006895 FEI/EIN Number 46-1744850 Date Filed 12/11/2012 State DE Status ACTIVE Last Event LC AMENDMENT Event Date Filed 12/12/2012 Event Effective Date NONE Principal Address 3841 N.E. 2ND AVENUE, SUITE 400 MIAMI, FL 33137 Mailing Address 3841 N.E. 2ND AVENUE, SUITE 400 MIAMI, FL 33137 Registered Agent Name & Address ROBINS, CRAIG 3841 N.E. 2ND AVENUE, SUITE 400 MIAMI, FL 33137 Authorized Person(s) Detail Name & Address Title MGR MDDA STARDUST MANAGER, LLC 3841 N.E. 2ND AVENUE, SUITE 400 MIAMI, FL 33137 Annual Reports Report Year Filed Date 2018 02/27/2018 2019 02/14/2019 2020 02/04/2020 Document Images DIVISION OF CORPORATIONS http://search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetail?inquirytype=Entit... 10/27/2020 Detail by Entity Name Page 2 of 2 02/04/2020 --ANNUAL REPORT View image in PDF format 02/14/2019 --ANNUAL REPORT View image in PDF format 02/27/2018 --ANNUAL REPORT View image in PDF format 03/27/2017 --ANNUAL REPORT View image in PDF format 04/22/2016 --ANNUAL REPORT View image in PDF format 04/27/2015 --ANNUAL REPORT View image in PDF format 04/14/2014 --ANNUAL REPORT View image in PDF format 04/10/2013 --ANNUAL REPORT View image in PDF format 12/12/2012 -- LC Amendment View image in PDF format 12/11/2012 -- Foreign Limited View image in PDF format Florida Department of State, Division of Corporations http://search. sunbiz. org/Inquiry/CorporationSearch/SearchResultDetail? inquirytype=Entit... 10/27/2020 Detail by Entity Name Page 1 of 2 Florida Department of State LIP -:_ �•wr� ue/ fir° �r �r� E�'�€�rir s����##e Department of State / Division of Corporations / Search Records / Search by Entity Name / Detail by Entity Name Foreign Limited Liability Company MDDA STARDUST MANAGER, LLC Filina Information Document Number M12000005111 FEI/EIN Number 46-1340469 Date Filed 09/11/2012 State DE Status ACTIVE Principal Address 3841 NE 2ND AVE STE 400 MIAMI, FL 33137 Mailing Address 3841 NE 2ND AVE STE 400 MIAMI. FL 33137 Reaistered Aaent Name & Address ROBINS, CRAIG 3841 NE 2ND AVE STE 400 MIAMI, FL 33137 Authorized Person(s) Detail Name & Address Title MGR MDDA STARDUST MEMBER LLC 3841 NE 2ND AVE STE 400 MIAMI, FL 33137 Annual Reports Report Year Filed Date 2018 02/22/2018 2019 02/14/2019 2020 02/04/2020 Document Images 02/04/2020 --ANNUAL REPORT View image in PDF format 02/14/2019 --ANNUAL REPORT View image in PDF format 02/22/2018 --ANNUAL REPORT View image in PDF format DIVISION OF CORPORATIONS http://search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetail?inquirytype=Entit... 10/27/2020 Detail by Entity Name Page 2 of 2 03/27/2017 --ANNUAL REPORT View image in PDF format 04/22/2016 --ANNUAL REPORT View image in PDF format 04/27/2015 --ANNUAL REPORT View image in PDF format 04/14/2014 --ANNUAL REPORT View image in PDF format 04/10/2013 --ANNUAL REPORT View image in PDF format 09/11/2012 -- Foreign Limited View image in PDF format Florida Department of State, Dwlsion of Corporations http://search. sunbiz. org/Inquiry/CorporationSearch/SearchResultDetail? inquirytype=Entit... 10/27/2020 10/28/2020 Detail by Entity Name DIVISION OF CORPORATIONS sue s1�/lrlssi' 3tsrsj s�j7.7urlslss sy�/,sid1 Department of State / Division of Corporations / Search Records / Search by Entity Name / Detail by Entity Name Foreign Limited Liability Company MDDA STARDUST MEMBER, LLC Filing Information Document Number M12000005112 FEI/EIN Number 46-1321822 Date Filed 09/11/2012 State DE Status ACTIVE Principal Address 3841 NE 2ND AVENUE SUITE 400 MIAMI, FL 33137 Mailing Address 3841 NE 2ND AVENUE SUITE 400 MIAMI, FL 33137 Registered Agent Name & Address ROBBINS, CRAIG 3841 NE 2ND AVENUE SUITE 400 MIAMI, FL 33137 Authorized Persons) Detail Name & Address Title MGR MIAMI DESIGN DISTRICT ASSOCIATES MANAGER 3841 NE 2ND AVENUE MIAMI, FL 33137 Annual Reports Report Year Filed Date 2018 02/27/2018 2019 02/14/2019 2020 02/04/2020 search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetaiI?inquirytype=EntityName&directionType=Initial&search NameOrder=MDDASTARDUS... 1 /2 lillyp lKI Detail by Entity Name Document Images 02/04/2020 -- ANNUAL REPORT View image in PDF format 02/14/2019 -- ANNUAL REPORT View image in PDF format 02/27/2018 -- ANNUAL REPORT View image in PDF format 03/27/2017 -- ANNUAL REPORT View image in PDF format 04/22/2016 -- ANNUAL REPORT View image in PDF format 04/27/2015 -- ANNUAL REPORT View image in PDF format 04/14/2014 -- ANNUAL REPORT View image in PDF format 04/10/2013 -- ANNUAL REPORT View image in PDF format 09/11/2012 -- Foreign Limited View image in PDF format Florida Department of State, Division of Corporations search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetaiI?inquirytype=EntityName&directionType=Initial&search NameOrder=MDDASTARDUS... 2/2 Detail by Entity Name Page 1 of 2 Florida Department of State L4MjUtf Of Department of State / Division of Corporations / Search Records / Search by Entity Name / Detail by Entity Name Foreign Limited Liability Company SUN KING, LLC Filing Information Document Number M13000003625 FEI/EIN Number 80-0935836 Date Filed 06/10/2013 State DE Status ACTIVE Principal Address 3841 N.E. 2ND AVENUE, SUITE 400 MIAMI, FL 33137 Mailing Address 3841 N.E. 2ND AVENUE, SUITE 400 MIAMI. FL 33137 Reaistered Aaent Name & Address ROBINS, CRAIG 3841 N.E. 2ND AVENUE, SUITE 400 MIAMI, FL 33137 Authorized Person(s) Detail Name & Address Title MGRM MDDA PHASE III HOLDINGS, LLC 3841 N.E. 2ND AVENUE, SUITE 400 MIAMI, FL 33137 Annual Reports Report Year Filed Date 2018 02/27/2018 2019 02/14/2019 2020 02/04/2020 Document Images 02/04/2020 --ANNUAL REPORT View image in PDF format 02/14/2019 --ANNUAL REPORT View image in PDF format 02/27/2018 --ANNUAL REPORT View image in PDF format DIVISION OF CORPORATIONS http://search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetail?inquirytype=Entit... 10/27/2020 Detail by Entity Name Page 2 of 2 03/27/2017 --ANNUAL REPORT View image in PDF format 04/22/2016 --ANNUAL REPORT View image in PDF format 04/27/2015 --ANNUAL REPORT View image in PDF format 04/14/2014 --ANNUAL REPORT View image in PDF format Florida Department of State, Division of Corporations http://search. sunbiz. org/Inquiry/CorporationSearch/SearchResultDetail? inquirytype=Entit... 10/27/2020 Detail by Entity Name Page 1 of 2 Florida Department of State ' , I "I vieW r of &'rkw O Department of State / Division of Corporations / Search Records / Search by Entity Name / Detail by Entity Name Foreign Limited Liability Company OAK PLAZA ASSOCIATES (DEL.) LLC Filina Information Document Number M10000004831 FEI/EIN Number 43-1959086 Date Filed 11/01/2010 State DE Status ACTIVE Principal Address 3841 N.E. 2ND AVE. SUITE 400 MIAMI, FL 33137 Mailing Address 3841 N.E. 2ND AVE. SUITE 400 MIAMI. FL 33137 Reaistered Aaent Name & Address ROBINS, CRAIG 3841 N.E. 2ND AVE. SUITE 400 MIAMI, FL 33137 Authorized Person(s) Detail Name & Address Title MGR MIAMI DESIGN DISTRICT ASSOCIATES MANAGER 3841 N.E. 2ND AVE. SUITE 400 MIAMI, FL 33137 Annual Reports Report Year Filed Date 2018 02/22/2018 2019 02/14/2019 2020 02/04/2020 Document Images 02/04/2020 --ANNUAL REPORT View image in PDF format 02/14/2019 --ANNUAL REPORT View image in PDF format 02/22/2018 --ANNUAL REPORT View image in PDF format DIVISION OF CORPORATIONS http://search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetail?inquirytype=Entit... 10/28/2020 Detail by Entity Name Page 2 of 2 03/27/2017 --ANNUAL REPORT View image in PDF format 04/22/2016 --ANNUAL REPORT View image in PDF format 04/27/2015 --ANNUAL REPORT View image in PDF format 04/14/2014 --ANNUAL REPORT View image in PDF format 04/10/2013 --ANNUAL REPORT View image in PDF format 04/06/2012 --ANNUAL REPORT View image in PDF format 07/29/2011 --ANNUAL REPORT View image in PDF format 11/01/2010 -- Foreign Limited View image in PDF format Florida Department of State, Division of Corporations http://search. sunbiz. org/Inquiry/CorporationSearch/SearchResultDetail? inquirytype=Entit... 10/28/2020 Detail by Entity Name Page 1 of 2 Florida Department of State Department of State / Division of Corporations / Search Records / Search by Entity Name / Previous On List Next On List Return to List No Events No Name History Detail by Entity Name Foreign Limited Liability Company NORWEGIAN WOOD ACQUISITIONS, LLC Filing Information Document Number M11000004632 FEI/EIN Number 37-1654504 Date Filed 09/15/2011 State DE Status ACTIVE Principal Address 3841 NE 2ND AVE STE 400 MIAMI, FL 33137 Mailing Address 3841 NE 2ND AVE STE 400 MIAMI, FL 33137 Registered Agent Name & Address ROBINS, CRAIG 3841 NE 2ND AVE STE 400 MIAMI, FL 33137 Authorized Person(s) Detail Name & Address Title MGR MDDA SWEET BIRD MANAGER LLC 3841 NE 2ND AVE STE 400 MIAMI, FL 33137 Annual Reports Report Year Filed Date 2018 02/27/2018 2019 02/14/2019 2020 02/04/2020 Document Images 02/04/2020 --ANNUAL REPORT 02/14/2019 --ANNUAL REPORT 02/27/2018 --ANNUAL REPORT 03/27/2017 --ANNUAL REPORT 04/07/2016 --ANNUAL REPORT 04/27/2015 --ANNUAL REPORT View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format DIVISION OF CORPORATIONS norwe ian wood ac visit earc http://search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetail?inquirytype=Entit... 10/27/2020 Detail by Entity Name Page 2 of 2 04/14/2014 --ANNUAL REPORT View image in PDF format 04/10/2013 --ANNUAL REPORT View image in PDF format 04/06/2012 --ANNUAL REPORT View image in PDF format 09/15/2011 -- Foreign Limited I View image in PDF format Previous On List Next On List Return to List Inorwegian wood ac visit earc No Events No Name History Florida Department of State, Division of Corporations http://search. sunbiz. org/Inquiry/CorporationSearch/SearchResultDetail? inquirytype=Entit... 10/27/2020 Detail by Entity Name Page 1 of 2 Florida Department of State "�"' ruw, sairr f�f : rvfl^`fa�x3�'st siJ`�rJrg Department of State / Division of Corporations / Search Records / Search by Entity Name / Detail by Entity Name Foreign Limited Liability Company MDDA SWEET BIRD MANAGER, LLC Filina Information Document Number M11000004634 FEI/EIN Number 45-3265727 Date Filed 09/15/2011 State DE Status ACTIVE Principal Address 3841 N.E. 2ND AVENUE, SUITE 400 MIAMI, FL 33137 Mailing Address 3841 N.E. 2ND AVENUE, SUITE 400 MIAMI. FL 33137 Reaistered Aaent Name & Address ROBINS, CRAIG 3841 N.E. 2ND AVENUE, SUITE 400 MIAMI, FL 33137 Authorized Person(s) Detail Name & Address Title MGRM MDDA SWEET BIRD MEMBER, LLC 3841 N.E. 2ND AVENUE, SUITE 400 MIAMI, FL 33137 Annual Reports Report Year Filed Date 2018 02/22/2018 2019 02/14/2019 2020 02/04/2020 Document Images 02/04/2020 --ANNUAL REPORT View image in PDF format 02/14/2019 --ANNUAL REPORT View image in PDF format 02/22/2018 --ANNUAL REPORT View image in PDF format DIVISION OF CORPORATIONS http://search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetail?inquirytype=Entit... 10/27/2020 Detail by Entity Name Page 2 of 2 03/27/2017 --ANNUAL REPORT View image in PDF format 04/07/2016 --ANNUAL REPORT View image in PDF format 04/27/2015 --ANNUAL REPORT View image in PDF format 04/14/2014 --ANNUAL REPORT View image in PDF format 04/10/2013 --ANNUAL REPORT View image in PDF format 07/06/2012 --ANNUAL REPORT View image in PDF format 09/15/2011 -- Foreign Limited View image in PDF format Florida Department of State, Division of Corporations http://search. sunbiz. org/Inquiry/CorporationSearch/SearchResultDetail? inquirytype=Entit... 10/27/2020 Detail by Entity Name Page 1 of 2 Florida Department of State OP 7ov)j_-Z4.bM1?�'�t` Department of State / Division of Corporations / Search Records / Search by Entity Name / Detail by Entity Name Foreign Limited Liability Company MDDA SWEET BIRD MEMBER, LLC Filina Information Document Number M11000004644 FEI/EIN Number 45-3265528 Date Filed 09/15/2011 State DE Status ACTIVE Principal Address 3841 NE 2ND AVENUE, STE. 400 MIAMI, FL 33137 Mailing Address 3841 NE 2ND AVENUE, STE. 400 MIAMI. FL 33137 Reaistered Aaent Name & Address ROBINS, CRAIG 3841 NE 2ND AVENUE, STE. 400 MIAMI, FL 33137 Authorized Person(s) Detail Name & Address Title MGR MIAMI DESIGN DISTRICT ASSOCIATES MANAGER 3841 NE 2ND AVENUE, STE. 400 MIAMI, FL 33137 Annual Reports Report Year Filed Date 2018 02/22/2018 2019 02/14/2019 2020 02/04/2020 Document Images 02/04/2020 --ANNUAL REPORT View image in PDF format 02/14/2019 --ANNUAL REPORT View image in PDF format 02/22/2018 --ANNUAL REPORT View image in PDF format DIVISION OF CORPORATIONS http://search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetail?inquirytype=Entit... 10/27/2020 Detail by Entity Name Page 2 of 2 03/27/2017 --ANNUAL REPORT View image in PDF format 04/07/2016 --ANNUAL REPORT View image in PDF format 04/27/2015 --ANNUAL REPORT View image in PDF format 04/14/2014 --ANNUAL REPORT View image in PDF format 04/10/2013 --ANNUAL REPORT View image in PDF format 07/06/2012 --ANNUAL REPORT View image in PDF format 09/15/2011 -- Foreign Limited View image in PDF format Florida Department of State, Division of Corporations http://search. sunbiz. org/Inquiry/CorporationSearch/SearchResultDetail? inquirytype=Entit... 10/27/2020 Detail by Entity Name Page 1 of 2 Florida Department of State Tvow I of U Ern Department of State / Division of Corporations / Search Records / Search by Entity Name / Detail by Entity Name Foreign Limited Liability Company LOVELY RITA ACQUISITIONS, LLC Filing Information Document Number M11000004635 FEI/EIN Number 45-2612664 Date Filed 09/15/2011 State DE Status ACTIVE Principal Address 3841 N.E. 2ND AVENUE, SUITE 400 MIAMI, FL 33137 Mailing Address 3841 N.E. 2ND AVENUE, SUITE 400 MIAMI. FL 33137 Reaistered Aaent Name & Address ROBINS, CRAIG 3841 N.E. 2ND AVENUE, SUITE 400 MIAMI, FL 33137 Authorized Person(s) Detail Name & Address Title MGR MDDA SWEET BIRD MANAGER, LLC 3841 N.E. 2ND AVENUE, SUITE 400 MIAMI, FL 33137 Annual Reports Report Year Filed Date 2018 01/12/2018 2019 02/14/2019 2020 02/04/2020 Document Images 02/04/2020 --ANNUAL REPORT View image in PDF format 02/14/2019 --ANNUAL REPORT View image in PDF format 01/12/2018 --ANNUAL REPORT View image in PDF format DIVISION OF CORPORATIONS http://search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetail?inquirytype=Entit... 10/27/2020 Detail by Entity Name Page 2 of 2 03/27/2017 --ANNUAL REPORT View image in PDF format 04/07/2016 --ANNUAL REPORT View image in PDF format 04/24/2015 --ANNUAL REPORT View image in PDF format 04/14/2014 --ANNUAL REPORT View image in PDF format 04/10/2013 --ANNUAL REPORT View image in PDF format 04/05/2012 --ANNUAL REPORT View image in PDF format 09/15/2011 -- Foreign Limited View image in PDF format Florida Department of State, Division of Corporations http://search. sunbiz. org/Inquiry/CorporationSearch/SearchResultDetail? inquirytype=Entit... 10/27/2020 Detail by Entity Name Page 1 of 2 Florida Department of State Department of State / Division of Corporations / Search Records / Search by Entity Name / Detail by Entity Name Foreign Limited Liability Company HALF -CIRCLE PROPERTY (DEL.) LLC Filina Information Document Number M10000004811 FEI/EIN Number 65-0986414 Date Filed 11/01/2010 State DE Status ACTIVE Principal Address 3841 NE 2ND AVE, SUITE 400 MIAMI, FL 33137 Mailing Address 3841 NE 2ND AVE, SUITE 400 MIAMI. FL 33137 Reaistered Aaent Name & Address ROBINS, CRAIG 3841 NE 2ND AVE, SUITE 400 MIAMI, FL 33137 Authorized Person(s) Detail Name & Address Title MGR MIAMI DESIGN DISTRICT ASSOCIATES MANAGER 3841 NE 2ND AVE, SUITE 400 MIAMI, FL 33137 Annual Reports Report Year Filed Date 2018 01/11/2018 2019 02/14/2019 2020 02/04/2020 Document Images 02/04/2020 --ANNUAL REPORT View image in PDF format 02/14/2019 --ANNUAL REPORT View image in PDF format 01/11/2018 --ANNUAL REPORT View image in PDF format DIVISION OF CORPORATIONS http://search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetail?inquirytype=Entit... 10/27/2020 Detail by Entity Name Page 2 of 2 03/27/2017 --ANNUAL REPORT View image in PDF format 04/22/2016 --ANNUAL REPORT View image in PDF format 04/24/2015 --ANNUAL REPORT View image in PDF format 04/14/2014 --ANNUAL REPORT View image in PDF format 04/10/2013 --ANNUAL REPORT View image in PDF format 04/05/2012 --ANNUAL REPORT View image in PDF format 07/29/2011 --ANNUAL REPORT View image in PDF format 11/01/2010 -- Foreign Limited View image in PDF format Florida Department of State, Division of Corporations http://search. sunbiz. org/Inquiry/CorporationSearch/SearchResultDetail? inquirytype=Entit... 10/27/2020 Detail by Entity Name Page 1 of 1 Florida Department of State DIVISION OF CORPORATIONS it 1. syt Of i , �~ F a �°trr! rr u''�rxri�dsa dim Department of State / Division of Corporations / Search Records / Search by Entity Name / Detail by Entity Name Foreign Limited Liability Company 4200 ASSOCIATES, LLC Filina Information Document Number M20000001344 FEI/EIN Number NONE Date Filed 01/28/2020 State DE Status ACTIVE Principal Address 3841 NE 2ND AVE, STE. 400 MIAMI, FL 33137 Mailing Address 3841 NE 2ND AVE, STE. 400 MIAMI, FL 33137 Registered Agent Name & Address ROBINS, CRAIG 3841 NE 2ND AVE, STE. 400 MIAMI, FL 33137 Authorized Person(s) Detail Name & Address Title MGR MIAMI DESIGN DISTRICT ASSOCIATES MANAGER, LLC 3841 NE 2ND AVE, STE. 400 MIAMI, FL 33137 Annual Reports No Annual Reports Filed Document Images 01/28/2020 -- Foreign Limited View image in PDF format Florida Department of State, Division of Corporations http://search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetail?inquirytype=Entit... 10/27/2020 Detail by Entity Name Page 1 of 1 Florida Department of State DIVISION OF CORPORATIONS Department of State / Division of Corporations / Search Records / Search by Entity Name / Detail by Entity Name Foreign Limited Liability Company JUNGLE PLAZA, LLC Filina Information Document Number M20000001332 FEI/EIN Number NONE Date Filed 01/31/2020 State DE Status ACTIVE Principal Address 3841 N.E. 2ND AVENUE, SUITE 400 MIAMI, FL 33137 Mailing Address 3841 N.E. 2ND AVENUE, SUITE 400 MIAMI, FL 33137 Registered Agent Name & Address ROBINS, CRAIG 3841 N.E. 2ND AVENUE, SUITE 400 MIAMI, FL 33137 Authorized Person(s) Detail Name & Address Title MGR MIAMI DESIGN DISTRICT ASSOCIATES MANAGER, 3841 N.E. 2ND AVE., STE. 400 MIAMI, FL 33137 Annual Reports No Annual Reports Filed Document Images 01/31/2020 -- Foreign Limited View image in PDF format Florida Department of State, Division of Corporations http://search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetail?inquirytype=Entit... 10/27/2020 Detail by Entity Name Page 1 of 1 Florida Department of State DIVISION OF CORPORATIONS Department of State / Division of Corporations / Search Records / Search by Entity Name / Detail by Entity Name Foreign Limited Liability Company PARADISE PLAZA ASSOCIATES, LLC Filina Information Document Number M20000001346 FEI/EIN Number NONE Date Filed 01/31/2020 State DE Status ACTIVE Principal Address 3841 NE 2ND AVE, STE. 400 MIAMI, FL 33137 Mailing Address 3841 NE 2ND AVE, STE. 400 MIAMI, FL 33137 Registered Agent Name & Address ROBINS, CRAIG 3841 NE 2ND AVE, STE. 400 MIAMI, FL 33137 Authorized Person(s) Detail Name & Address Title MGR MIAMI DESIGN DISTRICT ASSOCIATES MANAGER, LLC 3841 NE 2ND AVE, STE. 400 MIAMI, FL 33137 Annual Reports No Annual Reports Filed Document Images 01/31/2020 -- Foreign Limited View image in PDF format Florida Department of State, Division of Corporations http://search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetail?inquirytype=Entit... 10/27/2020 Detail by Entity Name Page 2 of 2 03/27/2017 --ANNUAL REPORT View image in PDF format 04/22/2016 --ANNUAL REPORT View image in PDF format 04/24/2015 --ANNUAL REPORT View image in PDF format 04/14/2014 --ANNUAL REPORT View image in PDF format Florida Department of State, Division of Corporations http://search. sunbiz. org/Inquiry/CorporationSearch/SearchResultDetail? inquirytype=Entit... 10/27/2020